Man pleads guilty to crashing his gas truck into an aiga bus, killing the driver

Pago Pago, AMERICAN SAMOA — The driver of the gas truck that crashed into an aiga bus in February of last year, killing the bus driver and injuring 5 passengers, is ordered by the High Court to serve 20 months behind bars as a condition of his 5 years probated sentence.

Jonathan Ulu, who was released on a $10,000 surety bond 10 days after he was arrested last year, appeared before Acting Associate Justice Elvis P. Patea yesterday morning for sentencing.

Public Defender Michael White represented the defendant while Assistant Attorney General Kristine Soule’ represented the government.

Ulu was initially charged with homicide by vehicle and 2nd-degree assault, both class D felonies, each punishable by a term of imprisonment of not more than five years, a fine of not more than $5,000, or both such fine and imprisonment, along with 4 counts of 3rd-degree assault, all class A misdemeanors, each punishable by term of imprisonment of up to one year, a fine of up to $1,000, or both.

However, under a plea agreement with the government, also accepted by the Court a few months ago, Ulu pled guilty to the charge of homicide by vehicle, a class D felony, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000, or both.

By his guilty plea, Ulu admits that on Tuesday afternoon, Feb. 2, 2021 he crashed his gas truck into an aiga bus killing the driver and injuring several passengers.

When given the chance to address the court, Ulu apologized and said he’s remorseful for his action.

He told the court that after the incident, his family went to the victim’s family do a formal apology (ifoga), which was accepted by the victim’s family.

He also told the court that his family gave $7,000 to the victim’s family for funeral preparations.

Defense attorney White did not wish to make a statement to the court on behalf of his client.

Despite the prosecutor’s statement that nothing can bring back the life of the victim, she recommended that the court give the defendant a probated sentence.

Soule’s told the court to consider the advice from the Probation Office contained in the Pre Sentence Report.

A recess was called.

After the more than 10 minutes recess, Patea announced the court’s decision.

In rendering his decision. Patea told the defendant that the court carefully reviewed his statement, parties’ submission and also information contained in his signed plea agreement with the government.

The court noted that Ulu was a law-abiding citizen who had a clean record. He was gainfully employed to support his family and after the incident, he’s now a stay-at-home father, caring for his children.

The court stated that the defendant’s youngest son was born a few days after the incident.

The court also took into account the formal apology or the ‘ifoga’ conducted by the defendant’s family for the victim’s family. According to the court, ifoga does have a role in the Samoan cultural and it’s also considered by the law.

However, that ifoga doesn’t delete or wash away the feelings the victim’s family has gone through since the day of the incident.

Patea reminded the defendant that the crime of homicide by vehicle for which he’s convicted, has a maximum sentence of 5 years behind bars, however, the court feels that he’s a candidate for a probated sentence.

The defendant was sentenced to a term of imprisonment of 5 years. Execution of sentence was suspended and the defendant was placed on probation for 5 years subject to several conditions from the court.

He is to serve a period of detention of 20 months at the Territorial Correctional Facility (TCF) “and that period starts forthwith.”

The defendant will be credited for the 10 days he served before he posted bond.

The remaining charges were dismissed by the court.

After his sentencing, the defendant was transported by Court marshal to the TCF to start serving his period of detention.

Associate Judge Muasau T. Tofili assisted Patea on the bench.

BACKGROUND

On Feb. 2, 2021 at approximately 1:03p.m, Fagatogo Police Headquarters received a call from a woman reporting a two-vehicle accident in the village of Satala with possible injury of occupants involved.

Two police officers responded to the call and arrived at the scene of the accident, where they rendered aid and transported one of the passengers with apparent serious injuries. The bus driver, who received severe injuries as a result of the impact from the accident, was transported to LBJ Hospital in a truck escorted by a police unit. 

Police interviewed a few eyewitnesses, who were at the scene helping injured passengers, including the female who had contacted police for assistance.

The female witness stated that she was parking parallel to the eastbound lane at a bus stop on the same side when she saw the crash. She stated that soon after the white truck swerved onto the opposite lane and struck the aiga bus heading the opposite direction, she and her husband rushed over to the crash scene to render aid to the injured passengers.

Another witness interviewed by police, collaborated what the female witness had stated — that the white truck traveling on the opposite lane collided with the aiga bus traveling in the opposite direction.

Witnesses identified a male individual who was standing on the other side of the road as the driver of the white truck. The driver was later identified as Jonathan Ulu, the defendant in this case.

Ulu was transported to the Fagatogo Police Headquarters for an interview, where he was Mirandized, and he agreed to answer questions.

The defendant verbally admitted that he felt sick (flu) from the beginning of the week and later on before the incident. He said he unexpectedly fell asleep behind the wheel while driving his truck and crashed into the the aiga bus heading in the opposite direction.

Ulu was charged with reckless driving causing bodily injuries as specified in Title 22 Section 0702. He was then booked and later transported to the Territorial Correctional Facility (TCF).

Four hours after the incident, investigators arrived at the LBJ Hospital to conduct a follow-up investigation concerning the bus driver’s status and it was revealed that the bus driver had succumbed to his injuries from the crash. He was pronounced dead by Dr. E. Leziton at around 4.54p.m.

Dr. Leziton told investigators that the cause of death was chest trauma and abdominal trauma with internal bleedings. Dr. Leziton further stated that the two injuries led to hemorrhagic shock.

Other passengers injured and transported to the LBJ Hospital included a woman who was thrown from the aiga bus at the time of the crash, along with four male individuals. Four passengers were treated and released, while the fifth passenger received further treatment for injuries.