Pago Pago, AMERICAN SAMOA — On March 22, 2025, Fagatogo Police Station (FPS) contacted traffic officers regarding a three-vehicle collision in the village of Fagaima.

The suspect was issued an E-Citation and was later charged with:

Count 1: Felony Driving, a class D felony punishable by a term of imprisonment of not less than 90 days and not to exceed five years, a fine of not more than $5,000, or both imprisonment and fine;

Count 2: Driving Under the Influence, a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both;

Count 3: Careless Driving, a class C misdemeanor punishable by imprisonment for up to fifteen days, a fine of $300, or both; and,

Count 4: Non -Possession of Driver’s License, a class B misdemeanor punishable by imprisonment for up to six months, a fine of $500, or both.

The defendant’s bail was set at $5,000.

According to the court affidavit, on Mar. 22nd, at about 6:44 p.m., traffic officers were patrolling the Malaeimi area heading east, when they received a call from a FPS dispatcher regarding a three-vehicle collision in the village of Fagaima, in front of the Airport Taxi Stand.

Police officers responded to the call and upon arrival at the scene, they observed two vehicles on the main public road. One was facing west and the other facing east.

They also observed a group of people crowded around a man who was sitting on a rock, like a boulder. The man was later identified as Henry Penitito (later identified as the suspect), driver of the vehicle that allegedly caused the accident.

According to multiple witnesses, they claimed that the suspect was at fault. They informed the officers that they saw the suspect driving westbound at a high rate of speed and then swerved into the eastbound lane which caused him to hit one of the vehicles first and then hit a second vehicle immediately thereafter. Both vehicles that the suspect collided with were heading eastbound and were subsequently damaged from the collision with the suspect’s vehicle.

At the scene, one of the damaged vehicles had an elderly female who was shaken from the incident and the officers’ rendered assistance to her. The other vehicle was damaged to an extent that it had to be towed away from the scene of the accident.

Upon further observation, there was another vehicle involved that was located in front of the Fagaima store near the laundromat.

The officers approached the suspect and asked if he was okay and if he needed medical attention. The subject verbally stated “no” that he was okay and was saddened by the incident that had happened.

The suspect was asked if he had a driver’s license and he stated “yes”. He claimed that he had one but he didn’t have it on him at the time. The suspect was able to provide his immigration ID which verified him as Mr. Henry Penitito.

Furthermore, the suspect was asked if had consumed any alcoholic beverages and he admitted that “yes, he had had 5 large bottles of [beer] at home”.

Police officers detected a strong odor of alcoholic beverages emitting from the suspect’s breath and he had red bloodshot eyes.

The suspect also consented to a chemical test and registered a blood-alcohol content of 0.166%. He was then issued an E-citation.

In addition, the officers also asked if they could administer several field sobriety tests to determine if the alcohol was a factor in the accident. The suspect agreed and had failed all three components of the test.

The affidavit does not state whether the suspect was confined at the Tafuna Correctional Facility after the investigation.

The defendant is identified as a 49-year-old man.