Pago Pago, AMERICAN SAMOA — A man from Pago Pago accused of hitting another man with his pick-up truck was arrested and he’s now being charged with two felony counts of driving while under the influence of alcohol causing death or bodily injury and 2nd-degree assault, both class D felonies, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000, or both, along with reckless driving causing bodily injury, a class A misdemeanor, punishable by a term of imprisonment of one year, a fine of up to $1,000, or both.

The defendant, Tupu Toia Pau appeared in District Court via a virtual zoom session for his initial appearance.

Bail is set at $15,000.

THE CASE

The government alleges that on Apr. 1, 2022, the Fagatogo Police Central Station (FPCS) received a call from a male in Pago Pago requesting police assistance. According to the man he was hit by a black truck while standing in front of the store, across from Nana’s Warehouse in Pago Pago.

Several police officers responded to the call and met up with the individual who requested police assistance.

According to the caller, he was threatened by the driver of the black truck and as he tried to reply, the driver rammed into him causing his right side to be pushed against a wall and his left leg to suffer a minor scratch.

In addition, he told police that he was in pain from the hit and couldn’t get up by himself. Officers were able to get hold of a video showing what had occurred in front of the store.

From the video, officers recognized the black truck and identified the driver as Tupu Toia Pau, the defendant in this matter.

Officers requested EMS paramedics to assist the victim and to check if he had any major injuries. EMS advised that the victim should be taken in for x-rays and the victim agreed to be taken into the hospital for further examination.

Officers proceeded to locate the defendant in this matter and neighbors assisted officers by pointing them to the defendant’s house.

Officers approached the defendant and met up with his wife who told police where the defendant was drinking with his friends.

Officers approached the area where the defendant and his friends were drinking and immediately apprehended the defendant and later placed him inside the police unit after he was told the reason for their visit.

The defendant, Tupu Toia Pau was transported to the FPCS for further investigation.

Toia Pau was Mirandized and he said he understood and waived his rights. When responding to officers’ questions, Pau’s speech was slurred, he had bloodshot eyes, and had the smell of alcohol (liquor) on his breath.

Pau was later transported to the TCF where he was booked and confined.