Wife busts husband — turns in marijuana plant that is allegedly his
Pago Pago, AMERICAN SAMOA — A man was arrested for domestic violence on the allegation that he assaulted his wife, and when police officers arrived at the couple’s home, the wife directed police to the location where her husband (defendant) had planted a marijuana plant.
According to the government’s case, it was on May 2, 2021 when the Tafuna Police Substation (TPS) received a call from a woman who reported that her husband had allegedly assaulted her. The husband was later identified as David Lupe, the defendant in this case.
Several police officers responded to the scene and met up with the reporter, who explained to police what happened. Afterwards, the woman then told police that her husband possesses illegal drugs, a marijuana plant. She then directed police to the location where the plant was growing.
Police went to the side of the house and observed a marijuana plant about 4 ft tall growing there. Police removed the plant and took it to the TPS for further investigation.
Part of the plant was tested and the result revealed that the plant contained THC (Tetrahydrocannabinol), a compound commonly found in marijuana. The defendant was then transported to the TPS for further investigation.
After being Mirandized, the defendant agreed to make a statement to police. He stated that the plant did not belong to him, it belonged to his uncle, who used to live in the house before they moved in. His uncle is now living with his wife on the eastern side of the island. The defendant continued to deny that the plant belonged to him.
Lupe made his initial appearance in court last month
He is charged with one count of unlawful possession of marijuana, a felony. Bail is set at $5,000.
During his initial appearance, Lupe asked for a preliminary examination (PX), which was then scheduled for last week.
During the PX, the government called their only witness to the stand, who is also the lead investigator in this matter. The statement by the government’s witness was based on the information contained in the affidavit.
In cross examination, the defense attorney asked the witness about the age of the plant, and who owns the land and house where the plant was found.
After hearing evidence in the case, the court found probable cause to bind the case over to the High Court.
Lupe entered a not guilty plea to the single count against him during his arraignment in High Court two weeks ago. His pretrial conference is set for July.