Pago Pago, AMERICAN SAMOA — A man accused of firing a .38 special handgun near his father and sister during a verbal altercation is now in custody after he was arrested last week at his home in Malaeloa.

Kenken Sinapati made his initial appearance in court this week.

He’s charged with unlawful possession of a firearm; unlawful discharge of a firearm and unlawful possession of ammunition.

Bail is set at $10,000.

THE CASE

It was around 1:35p.m last Friday afternoon, Aug. 14, 2020 when the Leone Police Substation received a distress call from a man in Malaeloa requesting police assistance because his son was causing a disturbance at their home by shouting profanities and making unreasonable noise. The father further stated to police that his son (defendant) had a gun in his possession and that he had just fired one round into the air during a verbal altercation.

Several police officers responded to the call and talked with the father who reported the matter. The father told officers that his son (defendant) had fled to the banana patch near their home. The defendant’s father further stated that minutes police arrived he heard his son fire the gun a second time.

Senior police officers with their firearms drawn proceeded on foot in the direction where the defendant had fled. The search for the defendant lasted 30 minutes before police discovered him about 60-70 yards away from his home, nearby a taro plantation. Police discovered the defendant had concealed the firearm in his left side pocket with his shirt covering it when police apprehended him.

The defendant was later transported to the Tafuna Police Substation (TPS) for further investigation.

When questioned, the defendant’s father said that he and his wife had just arrived home and he was notified by his daughter that his son (defendant) and his girlfriend had a verbal altercation and eventually it got to the point where his son damaged a window and window louvers in their room.

The father further stated that he was furious at his son’s attitude, and he approached him at his bedroom and told him off, telling him to pack their stuff and leave his house immediately. That is when the defendant became furious at him and started shouting profanities at the family and it got to the point where the defendant asked his sister where she had hidden his gun.

According to the government’s case, when the defendant asked his sister for the gun, the sister immediately gave the gun to her father who then handed it over to his son.

The father told investigators that immediately after his son got the gun he allegedly discharged one round up into the air while he and his daughter were near the defendant.

The father also told investigators that his son threatened to shoot anyone who got close to him to restrain him while waiting for police. The defendant then walked towards the banana patch and disappeared.

Police also questioned the defendant’s girlfriend.

She stated that the verbal altercation started when one her friends messaged her to check if she was ready for their church bonfire that night. The defendant became pissed off and jealous and it eventually got to the point where the defendant started throwing around things inside the house.

The girlfriend was able to control everything and calm the defendant down for a little while until her boyfriend’s parents arrived home and the father scolded the defendant and told them to leave the house. The defendant then damaged stuff inside the house before confronting his father and yelling out profanities. This was before she heard gunshot.

The defendant was transported to the TPS for questioning regarding the alleged incident. After being informed of his constitutional rights, the defendant responded that he understood his rights and wanted to make a statement regarding the incident.

He told investigators that he was furious at his father because the father came inside his room and scolded him and told him and his girlfriend to leave his home. The defendant confirmed that the incident started because he had a verbal altercation with his girlfriend that was later resolved.

According to Sinapati, he got furious after being told to leave and then approached his father before he asked his sister to hand over his gun to him. His sister did not give him the gun but instead handed it to his father. His father then handed the gun to him.

The defendant told investigators that the thought that came to him was that it was time to commit suicide and he wanted so badly to end his life while holding the gun — but instead he pointed it up towards the sky and fired into the air.

Immediately after he fired the first shot to the sky, he walked away from the house and made his way to the banana patch where the defendant stated that he again had thoughts about ending his life, and again, instead he pointed the gun upwards and fired a second round.

When asked who owns the firearm, the defendant stated that the firearm belonged to him, saying he purchased it from a friend about two years ago at Vaitogi for $300. Sinapati further stated that the gun was lying around inside his room and it was loaded. He stated that he did not know what time his sister came to his room and took the gun away and hid it. He said that he keeps his gun in good condition.

When investigators asked whether the gun is registered, the defendant didn’t respond.

The defendant was then processed and booked until the next sitting of District Court.

The .38 special revolver hand gun with a brown handle and a silver barrel, two empty 380 ammunition shells, and one round of Aguila 380 auto live ammunition were later turned into the evidence room.