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Man charged with unlawful possession of ‘ice’ says it wasn’t his

American Samoa District Court building
Made a mistake, when he found it, he ‘touched’ it
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The driver of a black truck in which investigators allegedly found two medium baggies containing white crystalline substance and drug paraphernalia has been arrested and charged with unlawful possession of drugs.

Filemoni Isaia made his initial appearance in District Court this week. He later waived his right to a preliminary examination and his case has been bound over to High Court for arraignment on Monday next week, May 4th.

Isaia, 42, is charged with one count of unlawful possession of methamphetamine, a felony punishable by imprisonment of 5-10 years, a fine between $5,000- $20,000 or both.

Bail is set at $5,000.

THE CASE

Isaia and another male, identified as Vitale Aleki were in a truck driven by Jack Avau when patrol officers pulled them over in Petesa on Apr. 18th, 2020 for having no lights over the license plate.

As the officer was speaking to the driver, he noticed Isaia using his right foot to push something under his seat. Isaia was sitting on the passenger side. When Isaia moved his feet, the officer saw a small stamp-sized baggie commonly used to sell methamphetamine under Isaia’s foot.

That is when officers instructed all three men to exit the vehicle. The driver was told that the vehicle would be impounded at the Tafuna Police Station and all of them would be taken in for questioning. All three men including the defendant agreed.

Before the three men were transported to the Tafuna Police Substation for questioning, police conducted a body search on each of them. Nothing was found on the driver and the other male passenger. However, police discovered 2 medium baggies containing white crystalline substance inside Isaia’s right pocket, along with paraphernalia including 7 empty small stamp-sized baggies commonly used to sell methamphetamine; and, a broken glass pipe commonly used to smoke meth and a lighter.

When asked about the drugs and paraphernalia discovered in his possession, Isaia responded by saying that he found the drugs and paraphernalia inside the truck when he jumped inside, he then picked the items up and put them inside his pocket.

Isaia further told police that he was suspicious that the drugs and paraphernalia belonged to the driver of the vehicle, but his only mistake was that he touched them and placed them inside his pocket.

A further search of the vehicle found a glass pipe containing white crystalline substance. The glass pipe was under the passenger’s seat where Isaia was seated.

When asked about the glass pipe discovered inside his vehicle, the driver told investigators that he knew nothing about the drugs and paraphernalia. He said everything belonged to Isaia.

According to the driver, he was at his house when Isaia came over and asked him for a favor, if he (driver) could transport him to his uncle’s home in Vaitogi to pick up parts for his vehicle. The driver told investigators that when Isaia returned from his uncle’s home in Vaitogi, he saw him holding something in his hand. Isaia then put the thing that was in his hand inside his pant’s right pocket.

The driver was cited for two traffic citations.

The driver and the other male passenger were later released while Isaia was booked and transported to the Territorial Correctional Facility (TCF).