Court Report: Assaults, traffic stops and drug charges

Pago Pago, AMERICAN SAMOA — A man arrested during a traffic stop last month is now facing felony charges for violating local drug laws. Kalolo Viliamu appeared in court last month for his initial appearance.

He is charged with one count of unlawful possession of methamphetamine; one count of unlawful possession of marijuana, both felonies; along with one count of prohibited place of consumption; one count of driving under the influence of alcohol and one count of resisting arrest, both class A misdemeanors.

Bail is set at $10,000.

THE CASE

On June 15, 2022 about 6:25 p.m, a vehicle was pulled over for speeding by police patrolling the Malaeimi area. Two males were inside the vehicle, the driver was later identified as Kalolo Viliamu the defendant in this matter and a male passenger who was sitting in the backseat behind the driver’s seat.

While speaking with Viliamu, officers observed two open bottles of beer.

When asked about the two open beer containers, Viliamu told police that the two open beer containers belonged to his friend (passenger). When questioned as to why there were two open beer containers inside the vehicle, Viliamu told officers that one beer container belonged to the passenger while the other belonged to his uncle who owns the vehicle. He told police that his uncle had been drinking inside the vehicle while the vehicle was parked outside of their house and the reason why he drove the vehicle was to buy more beer for his uncle.

When instructed by officers to step outside of the vehicle, Viliamu refused. He told officers that they needed to call his uncle to confirm his statement. Again, Viliamu was instructed to exit the vehicle but the suspect continued to ignore the officers’ instruction. He continued to stay inside the vehicle.

Viliamu reached inside his pocket very quickly and pulled out his cellphone. He then made a call while officers were instructing him to exit the vehicle.

Officers heard the passenger advise Viliamu to comply with officer’s instructions and step outside of the vehicle peacefully. Viliamu yelled at the passenger to sit quiet.

Officers then opened the driver’s door and pulled Viliamu out of the vehicle while the suspect was trying to push officers away. Officers placed handcuffs on the suspect and immediately placed him inside a police unit.

Before Viliamu was transported to the Tafuna Police Substation (TPS) for further investigation, he was patted down and officers discovered a small pouch in his rear pocket.

When asked what was inside the pouch, Viliamu shook his head and said, “That’s why I refused to exit the vehicle because you don’t have the right to search me. You’re violating my constitutional rights with an illegal search.”

Officers again asked Viliamu what was inside the black pouch, and he replied in a low voice, “It’s stuff that belongs to me and it’s for my own personal use.” When asked about what “stuff” he was referring to, Viliamu replied, “it’s drugs and it’s not for sale.”

Officers opened the pouch and discovered a glass pipe (commonly used to smoke methamphetamine) containing white crystalline substance, along with two small baggies containing green leafy substance.

Viliamu was then transported to the TPS and detectives from the Vice & Narcotics Unit were notified regarding the illegal drugs allegedly discovered during the traffic stop.

Regarding the illegal drugs, Viliamu told investigators that he met a man at a bus stop in Tafuna three days prior to the incident and the man told him to come over to his house in Iliili if he wanted to buy drugs. Viliamu provided to investigators the location of the house when he bought drugs and also the description of the man.

Viliamu further told investigators that this is the man he always buys drugs for him and his friends.

Investigators also questioned the male passenger who was in the vehicle with the suspect. The passenger corroborated Viliamu’s statement, saying on their way back home, Viliamu told him that the black pouch contained illegal drugs. The passenger was released pending further investigation.

The passenger also denied an allegation by Viliamu that the other open beer discovered inside the vehicle belonged to him. According to the passenger, Viliamu and his brother-in-law were drinking inside the vehicle. Before they were pulled over by traffic police officers, they went to Vaitogi to drop off Viliamu’s brother-in-law.

The passenger was released to go home after he was interviewed by investigators.

SINAPATI UALESI

A man from Leone was arrested last month for assaulting his young cousin inside his cousin’s house during what started as a verbal argument. However, during his arrest, cops discovered drugs in his possession.

 Sinapati Ualesi made his initial appearance in court last month. He’s charged with unlawful possession of marijuana and assault in the second-degree, both felonies, along with trespass and public peace disturbing, both misdemeanors.

Bail is set at $10,000.

THE CASE

It was around 3:35p.m, on June 8, 2022 when the Tafuna Police Substation (TPS) received a distress call from a man in Leone requesting police assistance because his nephew (defendant) was causing a disturbance at their home by shouting profanities and making unreasonable noise and assaulting his son (victim). The father further stated to police that his nephew (defendant) had a knife in his possession and that he had just pointed the knife to his son’s neck

Several police officers responded to the call and talked with the father who reported the matter. The father told officers that his nephew (defendant) had fled to the bush near their home. The victim’s father further stated that minutes before police arrived he heard the defendant yelling profanities while making his way to the back of their house.

Officers searched for the defendant and the search lasted 30 minutes before police discovered him about 70-80 yards away from the victim’s home. Police discovered the defendant had concealed the knife in his left side pocket with his shirt covering it when police apprehended him.

The defendant was later transported to the Tafuna Police Substation for further investigation.

When questioned, the victim’s father said that he and his wife had just arrived home and he was notified by his daughter that the defendant had just left their house after assaulting the victim. The daughter (victim’s sister) told her father that the defendant forced his way inside their house and started an argument with the victim. During the argument, the defendant struck the victim causing the victim to fall down. That’s when the defendant pulled out a knife and put on the victim’s neck.

The defendant was transported to the TPS for questioning regarding the alleged incident. After being Mirandized, the defendant responded that he understood his rights and wanted to make a statement regarding the incident.

He told investigators that he was furious at his cousin (victim) because the victim came inside his house and scolded his mother and told his mother to leave the land. The defendant confirmed that the incident started because he had a verbal argument with the victim at the victim’s house.

He claimed that he forced his way inside the victim’s house after the victim refused to come outside to talk to him. He entered the house and saw the victim sitting on a chair inside the living room watching TV. He asked the victim why he came to his house and scolded his mother and told her to leave the land. The victim did not say a word. That’s when the defendant punched him in the face multiple times causing the victim to fall down. The defendant admitted that he pulled out a knife from his pocket and put on the victim’s neck in an effort to threaten him.

Before the defendant was transported to the TPS for questioning, he was pated down for weapons. During a body search, officers discovered two small stamp-sized baggies inside his pocket, containing green leafy substance.

When asked about the green leafy substance, the defendant told investigators that he got the drugs from a friend from Vaitogi. He further stated that he bought the drugs for $30 and every week he got his stuff from his friend. He said he used marijuana whenever he needed it.

The green leafy substance was tested using the Levine Duquenois test kit and it later revealed positive results for THC (marijuana).

SAKARIA LOSI

The driver of a vehicle pulled over by police officers for a broken license plate lights is now charged with violating local drug laws.

Sakaria Losi made his initial appearance in court last month.

He is charged with one count of unlawful possession of methamphetamine, a felony, punishable by imprisonment from 5 to 10 years, a fine of up to $20,000, or both.

Bail is set at $5,000.

THE CASE

On June 19, 2022 about 8.55p.m, DPS Vice and Narcotics unit was informed of a matter at the Tafuna Police Station (TPS) where traffic officers stopped a vehicle for broken plate lights and discovered that the driver had no driver’s license.

 Officers detained the driver and impounded the vehicle at the TPS for further investigation, and during an inventory search of the vehicle drugs were allegedly discovered.

Vice and Narcotics officers were called and arrived at the TPS taking over the investigation.

According to the traffic cops’ statement to investigators they were patrolling near Tafuna Correctional Facility (TCF) intersection when they observed a pick-up truck with broken license plate lights in the back.

They initiated a traffic stop and after they approached the driver, they discovered that the driver, who had no driver’s license, later identified himself as Sakaria Losi the defendant. Officers then detained Lamosi and impounded his vehicle for further investigation.

During an inventory search, officers discovered a glass pipe commonly used to smoke methamphetamine with a usable amount of white crystalline substance in the passenger door pocket. They also discovered a black fanny pack and Lamosi informed the officers that it belonged to him.

Search of the fanny pack revealed a small plastic baggie with a usable amount of white crystalline substance and a government ID for Losi. A later test revealed the substance as positive for methamphetamine.

Losi was Mirandized and he stated that he understood and wished to make a statement about the drugs that were allegedly found inside his vehicle.

He admitted to investigators that he owns the fanny pack that was discovered inside his truck. He also admitted to using the glass pipe that was found in his car. He informed investigators that he got the glass pipe from a friend from his village of Nuuuli but refused to reveal the identity of his friend.

He then told investigators that he takes full blame for the stuff that was found inside his vehicle.

AFASENE FAATONU

The court has set bail at $500 for Afasene Faatonu, who was taken into custody last month following an incident in Happy Valley in the Tafuna area where he is alleged to have gone to his neighbor’s home with a machete.

Faatonu, who made his initial appearance in court this moth, is charged with misdemeanor public peace disturbance (PPD).

The prosecutor told the court that the government may file additional charges, as the police investigation continues on allegations of possible trespassing and making verbal threats.

If Faatonu is able to post bail, he is ordered not to bother his neighbor or attempt to set foot on his property. He is also not to make any direct or indirect contact with him.

According to court information, the PPD charge stems from a disagreement between Faatonu and his neighbor over the access road used by both families. Faatonu contends that the neighbor should not be using the access road because he and his children have spent a lot of time cleaning it.

Not only have they planted trees and plants to make it look good but also maintain it by cleaning it everyday.

But the neighbor claims that the access road is on their family property and therefore, Faatonu and his family should not be using the road at all. The neighbor contacted police for assistance after Faatonu allegedly came to his house and used a machete in a threatening manner.

It’s alleged that Faatonu’s actions came after a drinking session he had with friends at his home. When interviewed by police, Faatonu admitted that he had a machete and was making threatening statements to people in the neighborhood. He said he was just trying to prove a point to his neighbor, but he had no intention of hurting anyone.

Faatonu is not new to the court as in 2015 he was sentenced by the District Court to 12 months probation after being convicted of third-degree assault and property damage, both class A misdemeanors.