Man charged in vehicle homicide of Marquis Leauma found not guilty

Pago Pago, AMERICAN SAMOA — The Bench Trial of the alleged driver of the vehicle that was involved in a fatal accident Sept. 13, 2020 in Utusia proceeded yesterday morning where it took a panel of judges less than 15 minutes to examine the evidence and return with a not guilty verdict in favor of the defendant in this matter, 19-year-old Manuita Sofeni.

Sofeni, who testified under oath in his own defense, told the court that he was not the driver of the vehicle.

Sofeni, who has been in custody since his arrest, unable to post a $10,000 surety bond was charged with one count of homicide by vehicle, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both.

Presiding in the case was Associate Justice Fiti Sunia, assisted by Chief Associate Judge Mamea Sala Jr and Associate Judge Muasau T. Tofili.

Prosecuting the case was Assistant Attorney General Robert Morrison III while Assistant Public Defender Ryan Anderson represented the defendant.

The prosecutor in his opening statement told the court that it was on the early morning of Sept. 13, 2020 when a vehicle driven by the defendant crashed into a tree and later landed in the sea in Utusia, killing one man with two other men escaping with injuries.

The government’s attorney further stated that it was the defendant who was responsible for driving the vehicle, which took the life of another person.

Defense attorney, Anderson stated that the government has the burden to prove their case against his client, saying that evidence will show that his client was not the person who drove the vehicle.

The government alleges that when police officers arrived at the scene, they confirmed fatal injuries were sustained by a back-seat occupant of the vehicle. He was later identified as Marquis Leauma, the victim in this case.

GOVERNMENT’S ONLY WITNESS

The government’s only witness was Capt. Filemoni Amituana’i, who is a Traffic Investigator and a traffic accident Reconstruction Specialist.

He testified that on the morning of the alleged incident, Sept. 13th, Amituana’i was called to investigate the matter where a vehicle crashed into a tree and landed in the sea.

He arrived at the crime scene and never saw anyone. Later on that morning, he was able to speak to some of the witnesses who offered some helpful information about what happened.

Later on that same date around 4pm, he met up with the two male occupants of the vehicle at the Fagatogo Central Police Station where he interviewed them separately.

The two male individuals were Manuita Sofeni, the defendant, and President Nelisi, a.k.a “Prince”.

After he was advised of his rights by investigators, Sofeni stated that he understood his rights and decided to make a statement.

The witness stated that according to Sofeni’s statement, the defendant was waiting for his sister when Nelisi approached him. Both men were picked up and the two men, along with the victim began driving back and forth between Alofau and Atu’u until the vehicle crashed at a tree.

Sofeni admitted to driving the vehicle at the time of the crash, according to the government’s witness. He stated to investigators that they were driving back and forth between Atuu and Alofau all night before the crash and that it was Leauma’s decisions as to where the car should go. He also stated that Leauma was heavily intoxicated.

Based on his interview with the defendant, the witness stated that Sofeni stated to him that on their last trip coming back from Alofau, he was very frustrated and irritated at Leauma repeatedly mocking him, saying that he drives too slow. He said he turned the speaker up loud in the car and started to speed up. He admitted that the vehicle drifted several times towards the oceanside because he was driving too fast at the curves.

According to the witness, Sofeni told investigators that at the last stretch of road in Utusi’a before the crash, he could hear Leauma from the back seat demanding him to speed up the vehicle and at the last drift to the side of the road, Sofeni stated that he could not regain control of the vehicle and it crossed onto the opposite lane where it struck a coconut tree before plunging into the ocean.

In cross-examination of the witness, defense attorney, Anderson asked the police captain to explain how he met up with his client and Nelisi.

The witness stated that it was round 4pm on the same date when Nelisi’s mother called and informed him she was on her way to the Fagatogo Police Headquarters to turn in Nelisi and Sofeni.

After he interviewed Sofeni, the witness stated that Sofeni was then transferred to the Vice and Narcotics Unit for questioning because he mentioned during their conversation that drugs were involved.

Defense called two witnesses. It was the two occupants of the vehicle, Nelisi and Sofeni.

Nelisi, a 20-year-old from Atuu was the first to take the stand.

Before the examination with his defense attorney, Anderson, Sunia advised him of his constitutional rights.

Sunia reminded Nelisi when he is under oath, he must testify truthfully. Sunia also reminded him that he has the right not to criminate himself and a right to a attorney of his own to represent him.

Nelisi responded that he understood his right and he wanted to have his lawyer present in court.

Sunia turned to Anderson and said to him, “the witness wants a lawyer to represent him.”

Anderson responded by saying that the witness, Nelisi had already made a statement to police and he referred this to the discretion of the court.

“We refer to the Constitution,” Sunia said.

Sunia then appointed Public Defender, Michael White, who was also present in court to be the attorney for the witness, Nelisi.

After a brief recess to allow White to consult with Nelisi, the witness then took the stand and testified.

When asked if he remembers what happened on Sept. 13th, Nelisi stated he wished to exercise his 5th amendment rights in response to the question.

When asked to confirm whether he’s on probation in District Court, the witness repeated his answer and said that he wanted to exercise his 5th amendment rights in response to the question.

Anderson then passed the witness.

The government didn’t cross-examination the witness.

The defense’s second witness was Sofeni, the defendant.

In his own words, he testified and explained what happened on that day.

On Sept. 12, 2020, he was waiting for his sister to go shopping when his friend Nelisi approached him and asked to come with him to his friend’s house.

A few house later, the victim’s car arrived and picked up both him and Nelisi. The car was driven by the victim’s girlfriend, who they later dropped off at Alofau.

After the victim’s girlfriend was dropped off in Alofau, the three men (the victim, Sofeni and Nelisi) drove to Vaitogi to pick up the victim’s wallet before heading back Alofau.

Sofeni testified that around around 9pm that night, the victim dropped him and Nelisi at Atuu and the victim left on his own. Sofeni and Nelisi went up to a volleyball court up on the hill in Atuu, sat down and ate their food bought from the restaurant at the cannery.

Around 11p.m, the victim called Nelisi and told him he needed ice (methamphetamine). Later,  Sofeni said the victim arrived and picked up him and Nelisi and they went to buy ice from Alofau. They also went to Pago Pago to one of Nelisi’s friends to buy more ice before they went back to Alofau.

Sofeni testified that he drove the vehicle while Nelisi was sitting in the passenger seat. The victim was drinking beer in the back seat of the vehicle.

At one point in Laulii, Nelisi took over the wheel while he switched to the passenger’s seat and it was during that trip that their vehicle crashed into a tree in Auasi. Sofeni said he and Nelisi fled the scene and ran up a mountain in Amaua and hid there for the whole day.

While up on the mountain, they made an agreement. Nelisi asked him to take the blame for now and confess to police that it was he who drove the vehicle.

When asked why he agreed to take the risk by telling police that he was the driver, Sofeni stated that he was scared of his father knowing — that his father would beat him up badly because of what happened. That’s why he agreed with Nelisi and decided to confess and to go prison — to avoid the beating from his father.

Sofeni further stated that he trusted his friend Nelisi and his plan that he (Sofeni) would only stay in prison for few days and when the day of trial came, he (Nelisi) would take the blame and serve the prison term.

In cross-examination, the prosecutor asked the witness if there were drugs and alcohol involved during all of their trips from Alofau to Atuu on the night of the accident. The witness said yes.

DECISION

In delivering the court’s decision, Sunia stated that the only evidence before the court during this trial was the sworn testimony of the defendant. The defendant’s testimony persuaded the court that it was not Sofeni who drove the vehicle during the time of the accident.

Sunia said the court observed the defendant’s demeanor and his testimony and they were persuaded that the defendant testified truthfully.

After examining the defendant’s testimony, the court found Sofeni not guilty of the charge of homicide by vehicle.

The court will leave it up to the prosecutor on how to go forward with the case.

Nelisi was in court when the court rendered its verdict.

BACKGROUND

Leauma was pronounced dead at the LBJ Hospital by attending physician Dr Edward Leziton. The cause of death was ruled as severe traumatic brain injury. The doctor said there were visible injuries on his head, face and he observed blood in Leauma’s ears, nose and mouth that were consistent with trauma to the head.

Leauma, a longtime North County resident in the San Diego, CA area, was a high school football standout and in recent years was working toward a doctorate and had a drug case pending in High Court.

He was the driver of a vehicle that was stopped by police earlier in 2020 for speeding and not wearing a seatbelt, and later was accused of violating local drug laws after police allegedly found a hand rolled marijuana joint in the vehicle. At the time he allegedly told police nobody could touch him or arrest him because he’s the nephew of Governor Lolo Matalasi Moliga.

He was charged with unlawful possession of marijuana, a felony punishable by imprisonment of 5-10 years and a fine of $5,000-$20,000 or both; along with several traffic citations including driving under the influence of alcohol (DUI), a class A misdemeanor, punishable by up to one year in jail, a fine of up to $1,000 or both.