Alleged brutal attack during police arrest lands four cops in jail

Pago Pago, AMERICAN SAMOA — Four police officers, including a police captain were arrested yesterday on assault charges and were served with copies of their arrest warrants.

The four police officers were Police Captain Margie Alofaituli, Off. Faau Levi, Off. Elleryquinn Histake and Off. Dustin Maiava — all are scheduled to appear in District Court this morning for their initial appearances.

Police Captain. Alofaituli is charged with forgery, criminal fraud and offering a false instrument for filing, all class C felonies, punishable by a term of imprisonment of up to 7 years, a fine of up to $5,000.

Bail is set at $15,000.

Off. Maiava, Off. Histake and Off. Levi are each charged with responsibility of another (assault in the 1st-degree), a class B felony, punishable by a term of imprisonment from 5 to 15 years, one count of criminal fraud and offering a false instrument for filing, both class C felonies, along with one count of misconduct in the administration of Justice and false report, both class B misdemeanors.

Bail for Histake and Maiava are each set at $20,000, while Levi’s bail is set at $25,000.

THE ALLEGATION

At about 10 a.m on May 11, 2021, a police captain informed investigators about pictures of an individual who allegedly sustained injuries at the hands of the police officers. The police captain then showed investigators pictures of the male individual with injuries, later identified as Sitope Faalata, the victim in this case.

Investigators observed that Faalata appeared to have sustained injuries to his forehead, bridge of his nose, right cheek and right eye. The injury to Faalata’s right eye, nose and cheek gave investigators the impression that they were a result of Faalata being assaulted.

Investigation into the foregoing, which entailed but was not limited to the interviews of thirty-seven individuals, the acquisition of medical records, dispatcher logs, photographs, a police report and text messages, disclosed the following.

On May 8, 2021, an argument took place between Faalata and his girlfriend. This argument escalated when Faalata insisted on using his girlfriend’s vehicle. When Faalata’s girlfriend refused to surrender her vehicle to Faalata, Faalata then slapped and attempted to strangle his girlfriend.

The assault stopped only after Faalata’s girlfriend called-out to her cousin for help. Faalata then departed the scene and walked over to the Sadie Thompson Inn and arrived there about 10pm by himself. Upon arrival, Faalata went to the bar where he drank beer. Faalata said that following the consumption of his third beer, he left. He then proceeded to walk in the direction of the town area but stopped at the Market because it started to rain and he wanted to see if anyone was hanging out there.

This is where he came across and joined six individuals around the bus stops at the Market in Fagatogo.

On the early morning of May 9 around 1:30 a.m, Faalata’s girlfriend walked into the Fagatogo Police Central Station (FPC) and reported that her boyfriend Faalata had assaulted her and that she wanted to file a complaint against him. Upon receiving the complaint, the Watch Commander for the morning shift instructed a police officer to investigate the matter and assigned two police officers (co-defendants, Histake and Maiava) to locate and apprehend Faalata.

While Faalata’s girlfriend was at the police station, Off. Faau Levi (co-defendant) called Faalata’s girlfriend and she told hm that Faalata had assaulted her. She described Levi as a family member and that they were close.

Within one hour after Faalata arrived at the Market, Off. Histake and Off. Maiava arrived at the Market area in a police truck. Officers parked their vehicle between the Market and the bus stops, and then both officers disembarked the vehicle, but only Off. Histake approached Faalata.

Off. Histake told Faalata that he needed to go with them to the police station and  Faalata complied. He was then handcuffed — his hands behind his back — and escorted to the police truck.

 As this was taking place, Off. Levi arrived at the Fagatoto Market area in a different police truck. Upon arrival, Off. Levi got out of the police truck and ran to Faalata’s location.

Faalata asked Off. Levi what was going on, and Off. Levi replied, “You F***-up” and immediately punched Faalata in the area of his mouth with his right fist. Faalata fell face first on the ground, and because his hands were handcuffed behind his back, he was unable to place either hand in front of his face.

Faalata then rolled himself to his side and he sat up on his own.  At this time,  Off. Levi punched Faalata on the right side of his face, knocking Faalata unconscious.

Approximately a half an hour after Off. Histake and Off. Maiava left, they returned to the FPC with Faalata, at which time the right side of his face appeared to be swollen, his right eye was swollen nearly shut, his nose was bleeding heavily, and his mouth was bleeding. Off. Histake and Off. Maiava reported that Faalata resisted arrest.

Off. Levi arrived at the FPC later on.

A police lieutenant asked all three officers, Histake, Maiava and Levi on more than one occasion how Faalata sustained his facial injuries and all three claimed that Faalata resisted arrest and that necessary force was used to effect the arrest.

Police Officer Verna Montgomery generated an affidavit and arrest warrant, charging Faalata with PPD, 3rd-degree assault and resisting arrest.

Faalata was admitted to the Surgical Ward on the evening of May 9 about 7:39 pm and was released on May 21.

On May 9, co-defendant, police captain Margie Alofaituli was off duty.

The next morning May 10, Capt. Alofaituli text messaged Off.Montgomery and asked her what to say to the prosecutor if asked about Faalata’s injuries. This text would be followed by other texts exchanged between Capt. Alofaituli and the officer on May 10, 11, 12 and 14, 2021.

The messages suggest that Capt. Alofaituli knew or suspected that Faalata sustained injuries at the hands of police officers, that it was an attempt on her part to cover up the incident, and an admission that she wrote Montgomery’s report for her with an offer to go over the report she submitted with Off. Montgomery to help her prepare to answer questions.

On May 10, 2021, a police captain was provided a letter alleging police brutality regarding Faalata from a Faalata family member.

On May 14, 2021, a police major asked Capt. Alofaituli about the status of Off. Montgomery’s investigation and Capt. Alofaituli informed the police major that Off. Montgomery was off duty. Capt. Alofaituli then typed out the complete report, signed her name and Off. Montgomery’s name on the report.

A signed written statement that Off. Levi provided to Off. Montgomery was attached to the police report submitted by Capt. Alofaituli, stated in part the following:

“I officer Levi assisted Off. Histake and Off. Maiava apprehended the male individual due to resisting and refusing neccessary of force was used empty hand control to gain control of the situatio. Male individual was taken down which caused injury on the face area.”

A signed written statement that Off. Maiava provided to Off. Montgomery and attached to the police report submitted by Capt. Alofaituli, stated in part:

“Considering the fact that the suspect was taller then both me, Levi and Off. Histake we used neccessary forcce needed to take down the suspect. The suspect then fell down on his face leadingto the injury he had as he, the suspect was brough in. We the officers, managed to successfully handcuffed the suspect and carried him inside the vehicle in order to be brough into the station.”

An email attachment that Off. Histake provided that was attached to the police the report submitted by Capt. Alofaituli, stated in part:

 “Off. Maiava and I approached the suspect and advised him of the reason why we were there and when applying handcuffs and pat down proccedures, suspect yank y hand off and not comply as if he didn’t do anything refusing to be handcuffs. Off. Levi and Maiava assisted me in apprehending the defendant which we scuffed to the ground.”

Investigators interviewed Dr. Larry Lagatiana on June 9, 2021 where Dr. Lagatiana described that Faalata’s face was swollen. For his right eye, Faalata could not see out of his right eye because it was swollen shut and that this was the result of bleeding inside his right eye. The medical orbial wall, located behind the bridge of the nose and downward of the right eye socket, of Faalata’s right eye, sustained a blowout fracture.

With Faalata’s lower jaw, two mandible fractures, one on the left and one on the right. Eleven of Faalata’s teeth had to be wired.

Dr. Lagatiana’s opinion of the fractures that Faalata sustained would require severe direct blows and that one punch would not have caused all the fractures, it had to have involved more than one punch.