Man who just drove by and nodded — assaulted along the way

Pago Pago, AMERICAN SAMOA — An affidavit was filed in the District Court on November 3, 2025 against two men, alleging assault that was reported to the Tafuna Police Substation (TPS) on Nov 1, 2025.

The two suspects were arrested, but only one was charged with Count 1: Assault in the Third Degree, a class A misdemeanor punishable by imprisonment for up to one year, a fine of $1,000, or both imprisonment and fine.

The defendant's bail was set at $500.

According to the court records/ affidavit, on Nov 1st, authorities responded to a call by a concerned citizen (the reporter) reporting an alleged altercation between several individuals in Petesa.

 Upon arrival at the scene, the officers observed three individuals: one elderly male and one female walking in the opposite direction from the responding units. The officers stopped and inquired if these individuals had any knowledge of the reported incident, and were able to meet with the reporter, who provided details about the altercation.

According to the reporter, her father and brother were returning home after picking up her father from work. While en route, a male approached their vehicle aggressively, appearing to instigate a fight with her brother. Upon returning home, her brothers and her husband decided to go back out in search of the two men who allegedly assaulted her brother.

The reporter stated that she managed to convince her brothers and her husband to return home because she did not want the situation to escalate.

The reporter directed the officers to the alleged suspects' residence. Upon arrival, they met with a man who later identified himself as Tavila Muese. Mr. Muese informed the officers that three boys had been involved in a verbal altercation with his son and nephew earlier that evening. However, he claimed that the situation had been resolved and the boys had left.

Muese then introduced his son and nephew, who were reportedly involved in the altercation.

Muese's son, who is identified as a minor (suspect #2), had been previously observed earlier in the evening by the responding officers. The minor was allegedly involved in a verbal altercation near a restaurant with a group of girls. At that time, the officers advised the minor to go home to prevent further issues.

The officers requested that the minor and another male, identified as Avele Tulai (suspect #1), accompany the officers to the station for further questioning.

Both suspects voluntarily agreed to be transported by the officers, while the father, Muese, followed in his own vehicle. While en route to the station, one of the officers contacted the reporter and requested her brothers and father come to the station to provide statements regarding the incident. The reporter agreed and arrived shortly thereafter.

Upon arrival at the station, authorities detected a strong odor of alcohol emitting from both suspects. Both suspects admitted to consuming alcohol before the incident.

Avele Tulai was Mirandized, to which he understood and agreed to provide a statement.

According to Tulai, he and suspect #2 assaulted a male individual by punching him. Tulai claimed they were upset after the victim drove by and nodded at them. He stated that he and suspect #2 found the victim's gesture disrespectful, prompting them to confront him.

Furthermore, suspect #1 explained that a verbal altercation ensued, escalating into a physical fight, which led them both (suspects) to assault the victim. Following the altercation, they both fled the scene.

Avele Tulai was booked and transported to the Tafuna Correctional Facility for confinement, to await the next available sitting of the District Court.

Suspect #2, being a minor, was later Mirandized in the presence of his father. He admitted that he and his cousin (suspect #1) were involved in the assault.

The minor collaborated what suspect #1 had explained to authorities. The minor also admitted to consuming three cans of an alcoholic beverage before the incident.

The officers contacted the legal counsel for authorization to book the minor before booking and transporting him to the Juvenile Detention Center to await the next available sitting of the District Court.

Statements were also obtained from the reporter, the victim, and the victim's father.

According to the victim, he was driving to pick up his father from work and while returning home, the minor walked in front of their car and asked if they wanted to fight.

The victim stated that because he had his father's vehicle, he didn't want to start anything. Instead, he went home, parked the car, and returned to ask the minor why he had acted the way he did. When he asked the minor what his problem was, the minor started throwing punches. He fought back in self-defense, but was attacked by suspect #2, which led the suspects to gang up on him before fleeing.

The victim's father also provided a statement, stating that his son came to pick him up from work. While on their way home, they observed a male individual walking on the road, displaying aggressive behavior and flexing towards his son. They continued home without further incident.

The victim and his family were advised to refrain from any contact or communication with the suspects and their family members, as the suspects' residences are in proximity. They acknowledged the advice and agreed to comply.

Defendant #2 is identified as a 16-year-old citizen of Samoa, whereas Defendant #1 is identified as a 19-year-old U.S national.

[Editor’s Note: An affidavit is a written statement confirmed by oath or affirmation for use as evidence in court. It is not a court decision. Under local law, defendants are considered innocent until proven guilty by the court. ra]