High Court hears more drug cases
Pago Pago, AMERICAN SAMOA — Sentencing for Aleki Fata - who was convicted of unlawful possession of methamphetamine - is continued to Aug. 8th.
This is after Fata was served with a new arrest warrant last month, on the allegation that he violated conditions of his probation.
Fata is represented by Assistant Public Defender Ryan Anderson, while prosecuting is Assistant Attorney General Doug Lowe.
Fata was released on a $5,000 surety bond to await sentencing, which was on calendar June 25 before Associate Justice Fiti Sunia.
When Fata appeared in High Court - for sentencing - he was served with a copy of the warrant. He was immediately placed under the custody of the court marshal.
Sunia had informed both parties about the new warrant during court proceedings, to which defense attorney Anderson said his client was served with a copy, and has entered a ‘not guilty’ plea to the new allegation.
The warrant was issued after Fata tested positive for meth, during a monthly visit to Probation. Fata allegedly admitted to Probation that he smoked meth 2 nights before his random urinalysis.
Sunia has scheduled an Order to Show Cause (OSC) hearing for Aug. 8th, the same date Fata is to appear for sentencing.
Fata is remanded back to custody at the Territorial Correctional Facility (TCF), after the court denied a motion for bond on the new allegation against him.
PAVAIAI MAN WILL BE SENTENCED FOR MARIJUANA POSSESSION
A man who was arrested for disturbing the public peace and later found to be in possession of illegal drugs has entered into a plea agreement with the government.
Avei Ilalio appeared in court for a pretrial conference; however, when his case was called, defense attorney Assistant Public Defender Rob McNeill informed the court that they have reached an agreement with the government.
Ilalio was initially charged with unlawful possession of a controlled substance (marijuana), a felony, and two misdemeanor charges: third degree assault and public peace disturbance.
Under a plea agreement with the government, also accepted by the court, Ilalio pled guilty to the amended, lesser charge of unlawful possession of marijuana, a class D felony that carries a sentence of up to 5 years in jail, a fine of up to $5,000 or both.
ilalio admits that on the evening of July 23, 2018 at his home in Pavaiai, he had on him two hand rolled marijuana joints when police arrested him for disturbing the public peace.
According to terms of the plea agreement, when cops responded to a peace disturbance matter in Pavaiai around 10:39 p.m on Friday, July 23, 2018. Ilalio was present and was yelling profanities at his neighbor while holding a beer bottle in his right hand.
Ilalio was apprehended at the scene and transported to the DPS Tafuna Substation for questioning.
During a body search, police discovered two hand rolled marijuana cigarettes. The defendant told police that the joints belonged to him, and he bought them from a man by the name of “Deuce” in Vaitogi.
Ilalio will be sentenced Aug. 2, 2019.