Pago Pago, AMERICAN SAMOA — A man with a prior conviction for receiving stolen property 3 years ago was arrested by police last week for allegedly violating local drug laws.

Muka Godinet made his initial appearance in court this past Monday. He’s charged with one count of unlawful possession of methamphetamine, a felony that carries a sentence of imprisonment for not less than five years nor more than ten years and a fine of not less than $5,000 nor more than $20,000, or both.

Judge Elvis P. Patea set bail at $5,000.

Preliminary examination is set for next week.

THE AFFIDAVIT

The government claims that on Apr. 22, 2020 at about 11:25 a.m, several police officers including detectives from the DPS Vice and Narcotics Unit responded to an incident involving a vehicle at the Manumalo School parking lot where drugs were discovered during a traffic stop.

While officers were speaking with the driver of the vehicle regarding his registration together with his driver’s license, one officer observed some paraphernalia inside the car. Two male individuals were inside the vehicle, the driver and a passenger who was later identified as Godinet, the defendant in this matter.

One of the two traffic officers who originated the stop told investigators that he flagged down a vehicle heading west towards Malaeimi due to expired tags. He approached the driver of the vehicle and explained the reason his vehicle was flagged down.

The officer further told investigators while he was speaking to the driver, the defendant at the same time was moving around, acting nervous and putting his hands in and out from his pockets and constantly telling another police officer to please let him go.

The defendant and the driver of the vehicle were both informed by police officers that the vehicle was going to be impounded for expired tags, and both of them would also be transported to the Tafuna Police Station for further investigation.

Before the defendant and the driver of the vehicle were transported to the TPS, a pat down search was conducted for illegal drugs or prohibited weapons.

During the pat down, officers discovered a glass pipe with white crystalline substance in the defendant’s possession. Officers further discovered cut up straws, empty baggies and a broken glass pipe commonly used to smoke meth inside the defendant’s right pocket.

The white crystalline substance was field-tested and the test results yielded positive for methamphetamine.

Nothing was found on the driver of the vehicle and he was later released.

Godinet was read his constitutional rights and agreed to speak to investigators regarding the matter.

According to the defendant’s statement to investigators, he was picked up in Fagaima by his friend (driver of the vehicle), whom he just met two days prior. He did not know that his friend’s vehicle tags were expired.

They drove around looking for scrap metal along the roadside and when they found some they would haul it inside his friend’s pickup. Godinet told investigators they went to Vaitogi and Malaeimi before heading to Manumalo, and then back along the road heading towards Cocoland.

At one point he found a bag with a pipe inside a muffler and he gave it to the driver and they continued driving around looking for more scrap metal.

He also found inside the same muffler — paraphernalia such as cut up straws, empty small stamp-sized baggies and a broken glass pipe commonly used to smoke meth.

As they passed Manumalo School parking lot, two police officers stationed there flagged them down and the driver pulled over the vehicle and asked him to get rid of the bag. So he put it in his pocket not thinking anything about it, unaware that the vehicle tags were expired, along with his friend’s drivers license.

Godinet told investigators that he was in jail for a year and he’s just finished two year’s Probation. He has been staying clean and he has kids that he has been taking care of and he had stayed away from trouble during his probation.

When questioned by investigators, the driver of the vehicle stated that he works at his uncle’s auto shop in Mapusaga Fou, he doesn’t know Godinet personally, but he knows him from around his neighborhood. The driver stated that he picked up the defendant from the Tafuna Airport intersection heading to Mapusaga Fou, and he was shocked when a police officer discovered a glass pipe containing methamphetamine in Godinet’s possession.

The driver further stated to investigators as they heading westbound, Godinet asked him if he wanted “some stuff for the night.”

He looked at Godinet and asked him what he meant by “stuff for the night,” and Godinet smiled and whispered, “stuff to make you feel cool.” It was then when Godinet talked about his friend from the area called, “Le Filifili” who always supplies him with “some good stuff.”

According to the driver, he asked Godinet if he was in possession of any illegal drugs. Godinet give him the look and said, “I don’t do those stuff.”

The driver stated that immediately when their vehicle was pulled over by two police officers, Godinet turned to him and said, “Brother, I got some stuff with me that I need to get rid before police officers arrive.” Before the two police officers got to the vehicle, the driver said Godinet started to move around and tried to reach into his pocket for something.

The driver further stated that the scrap metal and trash in the truck bed had been there for a long time.

BACKGROUND

In May of 2018, Godinet was sentenced to 12 months in jail after being convicted of receiving stolen property, a class A misdemeanor. Execution of his sentence was suspended and he was placed on probation for 2 years.

During his sentencing, Godinet told the court that it was his drug problem that pushed him to accept the stolen items. He promised the court that he would do his best not to have a problem with the law again, and he would quit doing drugs.

Judge Patea, who was the Acting Associate Justice at the time told Godinet the court would accept his submission for a second chance but he needed to address his drug problem and to make sure not to repeat it.