Court Report: Traffic stops, drug busts, probation violations, assaults

Pago Pago, AMERICAN SAMOA — A passenger in a vehicle convicted of violating local drug laws after police discovered drugs in his possession when patrol officers pulled over a vehicle during a traffic stop in June of last year was ordered to serve 12 months behind bars after being convicted of unlawful possession of methamphetamine (meth).

Malaki Toomalatai was originally charged with one count of unlawful possession of methamphetamine, a felony punishable by a term of imprisonment of not less than five nor more than ten years and a fine of not less than $5,000 nor more than $20,000, or both.

However, under a plea agreement with the government, accepted by the court two months ago, Toomalatai changed his plea to the lesser charge of unlawful possession of methamphetamine, a class D felony, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000 or both.

Before the court delivered it decision, both parties recommended a probated sentence.

The defense attorney told the court that his client is truly remorseful and he’s a suitable candidate for a probated sentence.

Before he was arrested, he was employed at his father’s company and provided financial support for his wife and children. The defense attorney told the court that his client deserves a second chance given the fact that this is his first felony conviction.

He also told the court that the ten months his client has served behind bars while awaiting the outcome of this matter is enough to be the period of detention for his crime.

The prosecutor agreed and told the court that the defendant deserved a second chance given the fact that the quantity of meth discovered in his possession was for personal use.

However, she asked the court for an additional period of detention. She told the court that according to the statement the defendant’s wife provided to Probation, her pay check was the only source of financial support for their family despite the fact her husband (defendant) was also employed at the time.

The prosecutor further asked the court to order the defendant to attend and complete illegal substance counseling.

The court sentenced the defendant to 5 years imprisonment and a $2,000 fine. Execution of the imprisonment terms was suspended and the defendant was placed on probation for 5 years subject to several conditions.

The court ordered the defendant to serve 20 months at the Territorial Correctional Facility (TCF). He was credited for the 187 days he already served while awaiting the outcome of this matter, which is almost 6 months. The court stayed the detention balance of 12 months with the defendant is to serve only 8 months, meaning he has 2 more months to serve.

Upon release from custody, he has 90 days to secure gainful employment, pay his $2,000 fine, and he also must attend and completed illegal abuse substance counseling and refrain from consuming alcohol or possession or illegal drugs.

CALVIN PELEMA

A father of five was arrested again last month on the allegation that he violated conditions of his 5-year probation, which was handed down by the Court 4 years ago.

Calvin Pelema, who has been in custody since his arrest three weeks ago pursuant to an arrest warrant, appeared in Court last week for a preliminary examination. Pelema told the court that on Mar. 23, 2022 when he came in for his monthly visit to Probation, he took a drug test and it came back positive for meth.

He said he smoked meth two days prior while working on his construction job. The court wanted to know more about Pelema’s actions that day.

Pelema said he smoked ice so he could gain strength to help with his daily routine.  According to Probation, this was the same excuse Pelema used when he tested positive for meth last year, on Jan 10, 2021. Pelema was remanded to custody without bail. A disposition hearing is set for June 2022.

It was in 2018 that Pelema was convicted of assaulting a man from Ottoville with a metal pipe.

Court records note that on Feb 19, 2021, Pelema was ordered by the High Court to serve out the remaining 7 months of his prison term, although he was allowed to work during government work-hours.

And, it was during a Probation visit last year that Pelema tested positive and was taken into custody. Using the same excuse for testing positive, the court gave him another chance.

TAYLOR ENELIKO

A man accused of assaulting another is now in custody after police allegedly found two small baggies containing illegal drugs and a glass pipe — also allegedly containing drugs — in his possession.

Taylor Eneliko made his initial appearance in Court last week. He is charged with one count of unlawful possession of meth, a felony; and three misdemeanors: third degree-assault; trespass; and disturbing the public peace.

Bail is set at $5,000.

THE CASE

On the night of May 25, police were contacted by a business owner in Tafuna reporting that one of his employees was being assaulted by a drunken man who was making unreasonable noise outside of his store.

When police arrived at the scene, a red truck parked in front of the store sped off. Police were told by the business owner that the driver was the one who assaulted his employee.

The prosecution claims that earlier that evening, the red truck had pulled up in front of the store and two men were inside. The two men parked and started drinking in the back of the truck.

They were identified as: the defendant, Taylor Eneliko, 35, and his friend.

Two hours after the drinking session began, the two men started making loud noises and Eneliko allegedly threw an empty beer bottle on the roof of the store. A Samoan store employee came out and told the two men to leave the premises because they were not allowed to drink there. The employee also told the men that he was going to call the police if they didn’t leave the area.

Eneliko walked up to the man and spoke to him for a moment before he assaulted him. Eneliko allegedly punched him twice in the face, causing the man to fall down. Eneliko rwith his friend fled the scene before police arrived.

When questioned, the victim told police he was surprised when a man walked over to him and started throwing hard punches at his face.

Eneliko was apprehended by police at a restaurant in the Tafuna area, and transported to the TPS for questioning.

A body search netted two small baggies containing a white crystalline substance in his left pocket, and two glass pipes containing what later tested positive as meth in his right pants pocket.

When asked about the drugs, Eneliko told police he found them in front of the Tafuna store during their drinking session. He later admitted that he assaulted a man at the same Tafuna store by punching and kicking his facial area and his back, because the man yelled profanities at him and his friend.

TOLUPENE VAIMILI

A 30-year-old male was arrested by police last month on the allegation that he assaulted a man and challenged others of his family for a fight.

When questioned by police, the defendant, Tolupene Vaimili said that the reason he did these things was because he was drunk and he was out of control.

The government stated in its case that on May 9, 2022 around 5:07a.m., a man called the TPS regarding a male individual who was throwing a beer bottle on the road and was now shouting profanities at him and his two young sons. He was also threatening them and challenging them to a fight. The male was later identified as Tolupene Vaimili, the defendant in this matter.

Several police officers responded to the call and met up with the reporter who briefed them regarding the alleged incident. He told police that the defendant had walked toward their vehicle parked in front of a store in the Tafuna area and made threatening remarks at them. He then challenged the 19-year-old son to a fight.

Officers attempted to locate the defendant in the Tafuna-Ottoville area, but the defendant was nowhere to be found.

Officers returned to the area where the alleged incident occurred and noticed a taxi driver parked at a nearby store. The taxi driver told officers that he had witnessed the incident and described what he had seen.

As cops were looking for more witnesses, they observed a male standing in front of a nearby store with injuries on his face. The man told officers that he had sustained injuries just a few moments earlier — a man punched him. Officers immediately contacted EMS personnel for assistance. The victim described the assault on his person and said he did not know why the guy had punched and kicked him.

The defendant was apprehended after witnesses identified him to police and he was transported to the TPS for further investigation. He told investigators that he did all of that because he was very intoxicated and he was out of controlled.

He admitted to police that he yelled profanities and threatened a man and his children and later assaulted a man standing in front of a store in the area.

Vaimili made his initial appearance in court last month.

Vaimili is charged with 2nd-degree assault, a class D felony, along with two misdemeanor charges including attempted property damage and public peace disturbance (PPD).

Bail is set at $10,000.