Suspect not Mirandized due to being too intoxicated to understand

Pago Pago, AMERICAN SAMOA — On December 15, 2024, a male individual contacted Tafuna Police Substation (TPS) regarding a suspect who was allegedly causing a disturbance and also fighting with a group of people.

The suspect was arrested and charged with:

Count 1: Public Peace Disturbance, a class B misdemeanor punishable by imprisonment for up to six months, a fine of $500, or both: and,

Count 2: Underage Consumption of Alcoholic Beverage, a class B misdemeanor punishable by imprisonment for up to six months, a fine of $500, or both.

There was no bail stated in the affidavit for the defendant.

According to the court affidavit, on Dec. 15th, at about 9:09 a.m., a male individual (reporter) contacted the TPS regarding Tone Vadei (suspect) who was disturbing the peace at his uncle’s house, including allegedly fighting with multiple individuals on the public road and towards the reporter’s front lawn.

Police officers responded to the call and upon arrival at the scene, they observed the reporter (who lives on the other side of the road) pointing out where the suspect was. The reporter also pointed towards the victim’s house, which was right across his from house.

The officers met up with the reporter who briefly explained what happened while the other officer located the victim.

One of the officers stated that he observed the suspect standing with the victim and trying to calm him and holding his left arm. The officers approached the suspect and immediately saw that his left eye had a minor swelling and redness. The officers radioed TPS to contact the Emergency Medical Services (EMS) to standby at the station.

When the officer apprehended the suspect, he could smell a strong odor of alcoholic beverages on his breath. Upon asking how much liquor he had consumed, the suspect replied more than 5. The officer also asked him for his age and the suspect stated he was 20 years old.

Tone Vadei was placed in the police unit and transported to the TPS for further investigation and received treatment from EMS.

Interviews of witnesses were conducted at the scene. According to the reporter, he was inside his house when he heard multiple voices, screaming and yelling, coming from outside his house. As he walked outside, he saw the suspect fighting with about 9- 11 people across the road towards his house front yard. While he contacted the police, a truck came and picked up about 5 or 6 people but he didn't know the license plate number.

The victim was also interviewed where he stated that the suspect came and started yelling and screaming inside his house which shocked him and his residents. He stated that they were having fun and partying when the suspect started causing the disturbance and then rushed outside.

At that point, he heard loud voices and saw that the suspect was fighting with multiple individuals. He came outside and tried to separate the suspect and the unknown individuals. The victim also explained that he doesn’t know who fought with the suspect and how the victim injured his left eye.

When the officers asked the victim if he lives with the suspect, the victim said no and that the suspect came to his house unnoticed.

Another witness was interviewed and he stated that the suspect kept yelling inside the house and then fought with people outside. Upon asking about specific information about the unknown individuals who fought with the suspect, the witness stated he doesn’t know who fought with the suspect nor how he injured his left eye.

After being treated by the EMS, the suspect refused to be taken to the hospital and his injury was not life threatening.

The suspect wasn’t Mirandized due to being too intoxicated to understand.

He was booked and confined at the Tafuna Correctional Facility awaiting the next available sitting of the District Court.

The suspect is identified as a 20-year-old citizen of Fiji.