Police detain man after he allegedly defies restraining order

Pago Pago, AMERICAN SAMOA — Police responded to a disturbance in Nu‘uuli on the evening of December 22, 2025, after receiving a report of a verbal dispute between a male suspect identified as Mr. Simanu Tofa and a neighbor.

The defendant was charged with the following:

Count 1: Private Peace Disturbance - a class C misdemeanor, punishable by a term of imprisonment not to exceed fifteen days, a fine of not more than $300, or both such imprisonment and fine.

Count 2: Assault in the Third Degree - a class C misdemeanor, punishable by a term of imprisonment not to exceed fifteen days, a fine of not more than $300, or both such imprisonment and fine; and,

Count 3: Trespass - a class B misdemeanor, punishable by a term of imprisonment not to exceed six months, a fine of not more than $500, or both such imprisonment and fine.

No bail was indicated for Mr. Tofa.

According to the affidavit, filed in District Court on Dec. 23, 2025, while officers were en route, the station received a second, more urgent call from the victim, who reported that the situation had allegedly escalated and that he feared for his safety.

Officers immediately treated the matter as a priority response, and upon arrival at approximately 6:53 p.m., officers met with the victim at his residence and conducted an interview.

The victim explained that the suspect had just left the area and was believed to be nearby. In an effort to prevent the suspect from fleeing and to avoid further escalation, officers began searching the surrounding area.

Officers initially checked a nearby store but did not locate Tofa. Several children in the area informed officers that the suspect had been seen sitting near the rock wall close to the victim’s residence. Officers proceeded toward that location, where they spotted the suspect.

When officers approached, Tofa fled on foot, leading to a brief pursuit. During the search, officers discovered a machete and a razor sharpener wrapped in a red piece of material at the location where the suspect had last been seen.

Officers continued patrolling the area and eventually located the suspect walking by a nearby store. He was taken into custody without further incident and secured in the back of a police unit to prevent any additional breach of the peace.

Officers then returned to the victim’s residence to obtain a more detailed statement. The victim reported that Tofa is subject to a restraining order that prohibits him from approaching the victim or his property.

According to the victim, he was sitting on his patio when he noticed Tofa outside his home. When confronted, the suspect claimed he was visiting the graves of his parents, which are located on the victim’s land.

The victim stated that the suspect appeared intoxicated and began shouting profanities. When informed of the restraining order, Tofa allegedly advanced toward the victim while holding a machete and pointing it in his direction. The suspect reportedly threatened to harm the victim, prompting the victim to immediately contact police for assistance.

Another individual residing at the home confirmed the victim’s account, stating that he observed Tofa approach the victim while brandishing a machete and making violent threats.

A third individual, who had initially reported the incident, also provided a statement indicating that he heard shouting and witnessed Tofa threatening the victim with a weapon as he left the area.

After obtaining statements from all parties involved, officers transported Tofa to the police station for further processing.

At the station, officers attempted to advise the suspect of his constitutional rights. The suspect indicated that he was familiar with his rights and initially refused to listen to them being read.

Officers explained that the procedure required the rights to be formally presented before any documents could be signed. The suspect continued to resist the process, and his refusal to be advised of his rights was documented.

The suspect was booked and confined later that evening and subsequently transported to the Tafuna Correctional Facility to await the next sitting of the District Court.

The defendant is identified as a 36-year-old US 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]