Court Report: Courts hand down sentences in mutiple plea agreements

Pago Pago, AMERICAN SAMOA — A man accused of stealing has entered into a plea agreement with the government.

Saipeti Ulisese, who has a criminal record, appeared in High Court last week for a Change of Plea hearing.

Ulisese was initially charged with stealing and embezzlement — both class C felonies; and trespass, a class A misdemeanor.

But under a plea agreement with the government, accepted by the court, Ulisese pled guilty to an amended count of conspiracy to commit stealing, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

With his guilty plea, he admits that on Jan. 15, 2021, he, along with another person, stole electric tools and cement belonging to his former employer. Ulisese said he assisted his co-defendant in this matter, by loading the power tools and cement on to his truck and transporting the items to another location.

According to terms of the plea agreement, the government recommends probation and restitution of $1,250

Ulisese, who has been in custody since his arrest, unable to post a $5,000 bond, will be sentenced Aug. 18, 2022.

BACKGROUND

According to court records, Ulisese had a prior conviction of unlawful possession of marijuana, and had been ordered to serve 20 months in jail as a condition of a 5-year probation term.

The charge stemmed from an incident where police discovered a marijuana plant at his home.

UATI TOETU

A verbal altercation that resulted in a taxi driver getting punched in the eye has netted Uati Toetu a 12-month probation sentence and a $100 fine to be paid within 30 days.

Toetu was initially charged with public peace disturbance (PPD) and two counts of 3rd- degree assault (class A and class C misdemeanors). But under a plea agreement with the government, Toetu pled guilty to 3rd- degree assault (class A misdemeanor). The remaining charges were dismissed.

According to information revealed last week in District Court, Toetu was intoxicated when he got into a verbal altercation with a taxi driver, who was "joking" about Toetu driving while under the influence. This occurred Feb. 24, 2022.

"If this is true, I hope it has stopped," the court said before Toetu's sentence was handed down. "People's lives are at stake when you drive while drunk."

The victim sustained injuries to his left eye as a result of the physical altercation.

When given a chance to speak, Toetu apologized for his actions and said it will not happen again.

Toetu is to remain sober and he is subject to random testing. His probation review is set for Nov. 23, 2022.

SAIFOLOI TAMATI

A man who pled guilty to escape was sentenced to 24 months probation last week.

Conditions of Saifoloi Tamati’s probation include departing the territory.

The court ordered Tamati is to remain outside of the territory "for the entire duration of probation" and if he re-enters at anytime during that 24 months, he will be arrested, he will appear in court, his probation will be revoked, and a sentence will be imposed by the court.

A copy of the court's judgment and sentence is to be given to the Chief Immigration Officer, so that Tamati’s name is placed on the Immigration lookout list.

Samoa News understands that Tamati entered the territory in 2018 and never left.

ALATINO FUATINO

A man who fled from police in Feb. 22, 2022 apologized to the court for his actions and asked for one more chance.

Alatina Fuatino appeared in Court last week, where he pled guilty to resisting arrest, under a plea agreement with the government. In return, the remaining charge of PPD was dismissed.

The court noted that Fuatino was in court two years ago for a class A misdemeanor charge. When asked, Fuatino confirmed that he went through counseling for that case.

The court said, "it looks like it didn't help you."

Fuatino was then sentenced to 12 months probation, not the 9 months that attorneys from both sides had recommended.

He is also to pay $200 within 45 days, remain sober, and enroll and successfully complete a more 'intensive' alcohol counseling program, paid for out of his own pocket.

FAAIUGA TAITO

Sentencing for Faaiuga Taito in Court last week takes care of his matters there, but he is still in custody for another issue pending in High Court.

Taito was initially charged with stealing. But under a plea agreement with the government, the charge was amended to 3rd- degree property damage for which Taito pled guilty.

The charge against him stems from an incident that occurred Jan. 21, 2022, where he damaged a cellphone at a store in Tafuna. Taito is alleged to have walked into the store and asked to borrow a cellphone. After using it, he dropped it on the ground on the way out.

The defense attorney said his client is remorseful, and he requested that he be sentenced to time served (56 days).

The court sentenced Taito to 56 days at the TCF, with credit for time served. He is also to pay restitution of $100 for the phone he damaged, and a $100 fine to the court.

Earlier that same day, Taito appeared in High Court where he admitted to violating conditions of his probation. He didn't visit the Probation Office, he didn't pay his fine, and he didn't seek employment. A disposition hearing for that matter is set for next month.

MALALA ALEKI

Twelve months probation was the sentence handed down for a man charged in two separate cases. Malala Aleki appeared in Court last week for a pretrial conference and an order to show cause.

In the first case, Aleki pled guilty to PPD, under a plea agreement with the government. In return, the two counts of third-degree assault (class A and class C misdemeanors) were dismissed. The charges stem from an incident that occurred Sept. 2021 while Aleki was intoxicated and yelling at a kid in front of a store — eventually grabbing the kid by the neck.

Last October, Aleki was sentenced to 6 months probation and ordered to attend and successfully complete alcohol counseling.

His probation term was set to end in March 2022 but he was picked up in January 2022 on this new charge.

The court modified Aleki’s probation and handed down a 12-month probation sentence, to be served concurrently with his prior probation term. Aleki is also to pay $200 within 45 days, in addition to $120 in outstanding court fees.

SATUFIA FAALOGO

A man who had been clean now has a criminal record because, according to the court, he chose to take the law into his own hands.

Satufia Faalogo appeared in Court last week for a pretrial conference, where he pled guilty to the single count of PPD against him.

The court did note that Faalogo has a "long, long traffic abstract," mostly involving commercial vehicles.

"No more citations, obey the rules of the road," the court said. "You should have let the police handle the situation. Now you have a criminal record."

Faalogo was sentenced to 6 months probation and ordered to pay $100 in 30 days.

The charges against him stem from an incident involving an altercation with a bus driver at a gas station.

NAASONA FILEMU

A man who was intoxicated and caused a disturbance at his family home was arrested and charged with PPD.

Naasona Filemu made his initial appearance in Court last week where he entered a 'not guilty' plea. He was later released on his own recognizance and his next court appearance is set for next month.

According to the government's case, Filemu’s sister contacted police for assistance, saying Filemu was drunk and unruly, and he was attempting to throw a rock at her vehicle, which was parked in front of their home. His sister told police she does not want him back at the house.

Investigators said they could smell alcohol emitting from Filemu when he was being booked.

Standard conditions of release apply with Filemu’s release, including remaining sober at all times.

MAE’A AFITU

The next court date for a man who has been released on his own recognizance and ordered to maintain peace at home is July 27.

Mae’a Afitu is charged with PPD that allegedly happened in his neighborhood this past Sunday.

According to the government's case, a neighbor contacted police to report that he was asleep when he heard loud noises coming from the Afitu residence. He claims Afitu was yelling and screaming at his wife, who, along with Afitu’s sister, was trying to calm him down, "but to no avail."

Police who responded to the call say they could smell a strong odor of alcohol emitting from Afitu when they approached him. Investigators say the children were present, and they "were crying and appeared scared."

According to the court documents, Afitu came home around 1a.m. and when his wife asked him where he had been, he became angry and started arguing with her. The wife believes Afitu was out with another woman, and when she inquired about it, "he got so mad", and that's what sparked the escalated argument.

Despite all the alleged yelling and screaming, cops say they didn't observe any signs of physical abuse on Afitu’s wife, sister, or the children.

Upon arrival at the TPS, cops weren't able to obtain a statement from Afitu regarding what happened at home, because he kept telling police he didn't remember anything.

UALESI MANU

A man who pled guilty to PPD has been sentenced to 12 months probation, because the court said the 6-month recommended probation term from attorneys from both sides is not enough.

Ualesi Manu was initially charged with two counts of third-degree assault and PPD. Under a plea agreement with the government, Manu pled guilty to PPD and the remaining charges were dismissed.

With his guilty plea, Manu admits that on Feb. 20, 2022 he was engaged in a fight, which involved 4 people, some of whom were juveniles.

In rendering sentence, the court noted that Manu’s record reflects other PPD charges in 2018 and also 2020.

He said Manu is young, in his early 20s, and the court feels that a 12-month probation sentence is needed, to put him under longer supervision.

In addition to probation, Manu is ordered to pay off a citation ($50) that was issued in 2020 and a fine of $150 within 60 days.

"Find a job and pay your fines," the court told him.

SIAKI FILISI

A man who allegedly slashed two tires on his stepfather’s truck has been arrested and charged with 3rd- degree property damage.

Siaki Filisi made his initial appearance in Court last week, where he entered a 'not guilty' plea to the single charge against him.

The court ordered Filisi to be released on his own recognizance, and a pretrial conference is set for next month. Conditions of release include maintaining peace at home and being law abiding.

According to the government's case, the TPS received a call for assistance from the defendant's mother, who claimed that Filisi was intoxicated and yelling profanities at home and challenged her husband (Filisi’s stepfather) to a fight.

The woman allegedly told police that Filisi was looking for the car keys and when she said she didn't know where they were, he allegedly left the room, grabbed a knife, and proceeded to slash two tires on the family's truck.

According to Filisi’s mother, the car belongs to her husband (Filisi’s stepfather).

Investigators note that the truck is registered under Filisi’s stepfather’s name, as sole owner. According to what the victim told police, Filisi had also been drunk and unruly the night before, and she contacted police because she wants him to stay away.

The criminal complaint notes that Filisi "reeked of alcohol from a distance".