Michael Agasiva has been arrested again; this time he’s facing charges of burglary, sexual abuse, trespassing and third degree assault.

Agasiva, who is being held on bail of $10,000, made his initial appearance in the District Court this week. According to the government’s case, the matter was reported to the Leone Police Station on New Year’s Day. It’s alleged that the police officers arrived at the scene and found the complaining witness in tears.

Court filings say the defendant is alleged to have sexually assaulted a 52-year-old woman, who is a relative. The officers, who responded to the call, then contacted Criminal Investigation Division Commander; Falana’i Lavata’i Ta’ase Sagapolutele for assistance, and Police Detective Fiailoa Moafanua was assigned to investigate the matter.

According to the government’s case, the victim told the police that their family had a party for the New Year around her neighborhood.

The woman left the party and went home to sleep. Court filings say the woman fell asleep on the couch while her children were still home, however when the children left the house they forgot to lock the door. Court filings further say that the victim felt a tickling sensation on her breast and when she woke up, she allegedly saw the defendant in a sexual act.

The government’s case also claims that the defendant did not have permission to be in the house. It’s alleged the complaining witness pushed the defendant away and swore at the defendant to get out of the house. The complaining witness then locked the house after the defendant left and called the police for assistance.

The defendant refused to make a statement to the police when he was approached.

According to the arrest warrant, the penalty for the burglary charge in the second degree is a class C felony and it’s punishable up to seven years in jail and or a fine of up to $5,000. The sexual abuse first-degree count is a class D felony and if convicted the defendant is looking at serving five years and or a fine of up to $5,000. The remaining charges are misdemeanors where the trespass count is a class B and its punishable up to six month and or a fine of $500 while the assault charge is punishable up to 15 days in jail.

Samoa News notes that Agasiva was released from the Territorial Correctional Facility last week after District Court Judge Fiti A. Sunia ordered his release on Friday in order for the government and the court to start all over again the process of filing charges against Agasiva as well as a new arrest warrant to be issued by the court once the government had filed the charges.

Samoa News understands Agasiva was taken into custody the first week of January and was in TCF until his court ordered release. During his time in jail, Agasiva refused to appear in court twice, causing the District Court Judge Sunia to issue a subpoena for three TCF officials to appear in his courtroom and explain why Agasiva was not appearing in court. At the end of the hearing, Sunia then ordered the defendant to be released.

Agasiva then appeared in court on Monday for his initial appearance, having been served with the arrest warrant, which outlines the charges against him.