Court Report: Stealing and drug violations top court calendar

Pago Pago, AMERICAN SAMOA — A man convicted of stealing from a store in the Tafuna area told the court that he’s sorry for what he did and he’s truly remorseful for his action.

Faleseu Emosi appeared in Court last week for sentencing after he pled guilty to the charge of stealing, a class C felony.

 “What I did was bring shame to my family and myself. What was written in the newspaper about my case makes me embarrassed and I want to change my life and do good things. I’m truly remorseful and I want to go back home and care for my parents,” he said.

According to Emosi, his father is unemployed and stays home because he’s disabled and can’t walk and he’s the only one in the family — the eldest of his parents’ six children — on whom his sick father depends for everything in the family.

The defense attorney told the court that his client made a terrible mistake. Not only did he break the law, but he also set a bad example for the juveniles he allowed to be involved in the burglary.

“He’s really young and he has a bright future ahead of him,” defense attorney said in asking for a probated sentence so his client can get a job to care for his parents, and pay his fine and restitution.

The government’s attorney also asked for a probated sentence, including a period of detention. He said that despite the fact that the defendant has no prior criminal record, what he did was serious and he has to face the consequences of his actions.

Emosi was sentenced to 7 years in jail. Execution of sentence was suspended and he was placed on probation for 7 years with conditions.

He has to serve 28 months without release, and pay $2,000 restitution to the store. After serving one year in jail, the defendant would be eligible for work release, provided he finds a job to pay restitution.

Upon release he is not to make any contact with his co-defendants, and he is to stay away from the store he burglarized. He is also to remain alcohol and drug free.

SEKUINI AMANI

A man who is on probation for stealing and burglary is now in custody after being arrested last month and charged for violating local drug laws.

Sekuini Amani made his initial appearance in Court last month.

He is charged with one count of unlawful possession of methamphetamine (meth); one count of unlawful possession of marijuana, both unclassified felonies, 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; along with one count of resisting arrest, a class D felony, punishable by imprisonment for up to 5 years, a fine of $5,000, or both.

Bail is set $15,000.

Amani is scheduled to appear in court next week for his preliminary hearing (PX).

THE CASE

On May 09, 2022, Sekeuini Amani was arrested during a traffic stop of his truck for turning right onto a family property without any signal. During the traffic stop Amani was observed holding a yellow envelope in his hand. Officers informed him to stay in the truck, but Amani forcibly exited his vehicle, pushing an officer away and trying to go the back of the truck — all the while holding the envelope in his right hand.

Amani finally complied and got back in his truck and that’s when police instructed him to hand over the envelope. Instead, Amani threw the yellow envelope to the other side of the road, about 10 ft from from where his vehicle was parked.

Police picked it up and opened it, and allegedly discovered a glass pipe containing a white crystalline substance.

Officers requested his driver’s license and the driver again refused to comply, refusing to provide a valid driver’s license or any form of identification document but only verbally stating that his name is ‘Mani’.

At that point, police informed Amani that his vehicle would be impounded and he was being detained at the Tafuna Police SubStation (TPS) for further investigation. That’s when the driver pushed one of the police officers while at the same time opening his door in an attempt to run away.

He was immediately apprehended at the scene, while continuing to resist arrest, yelling profanities and fighting off officers. He was eventually subdued and taken to TPS.

He was patted down and officers discovered a glass pipe containing white crystalline substance inside his underwear waistband, as well as a medium sized baggie containing a white substance in his front pocket.

An inventorysearch of Amani’s impounded vehicle was also conducted in his presence, where upon officers discovered two baggies that contained green leafy substances in the armrest between the driver and the front passenger seats.

Information regarding Amani’s case was later transferred to the DPS Vice and Narcotics Unit (VNU) for further investigation.

At the TPS, Amani was also served with an outstanding bench warrant.

BACKGROUND

Three years ago in January of 2020, Amani was sentenced to seven years imprisonment and a fine of $2,000 after he was convicted of stealing and burglary of a neighbor’s house in March of 2019.

UPUTAUA TIULOMA

A driver of a vehicle pulled over by police officers last month for a traffic violation is now charged with violating local drug laws.

Uputaua Tiuloma, a 33-year old male from Malaeloa, was taken into custody after he gave police, during a traffic stop on May 14, 2022 for not stopping at a stop sign, three small baggies containing a white crystalline substance in his possession. He was the driver of the truck.

Officers smelled a strong odor of alcohol coming from the driver’s breath, and when asked, he admitted that he was under the influence of alcohol, and that he “also got some stuff inside my vehicle.” Officers asked the driver what stuff he’s referring to, the driver replied, “drugs”.

It was at that time the driver pulled out three small baggies containing a white substance and handed it over to police officers. A pat down was conducted and nothing else was found. The driver was later transported to the TPS for further investigation, and his vehicle was impounded.

After being Mirandized, Tiuloma told investigators that he understood his rights and he refused to make a statement, and asked for his attorney.

Tiuloma made his initial appearance in court last month.

He’s charged with one count of unlawful possession of meth, a felony, along with a class A misdemeanor charge of driving under the influence of alcohol (DUI).

Bail was set at $5,000 and Tiuloma is scheduled to appear in court next week for his preliminary examination.

FAALOGO FILIPO

A man allegedly found with two cut-up straws containing meth in his vehicle when police pulled him over for a traffic violation in the beginning of this year has been arrested and charged.

According to the government’s case, the incident happened in front of the Pago Pago International Airport area, on the morning of Jan. 23, 2022. The vehicle was speeding and did not stop at the stop sign. A traffic stop was initiated.

The driver of the vehicle Fa’alogo Filipo, did not have his driver’s license or any form of photo identification on him, which led to the vehicle being impounded and Filipo transported to the TPS for further investigation.

A body search was conducted and nothing was found, but in the vehicle police allegedly discovered a black pouch between the driver’s seat and the passenger’s seat. Inside the black pouch were two cut-up straws containing a white crystalline substance that later tested positive for meth.

After being Mirandized, Filipo agreed to make a statement to police. According to Filipo, he did not see cops patrolling the area and he was in a rush to work. He told investigators that the illegal drugs found inside his car belong to him.

Filipo was arrested last month and made his initial appearance in Court.

There was no explanation for the delay in his arrest.

He is charged with one count of unlawful possession of meth, a felony.

Bail is set at $5,000.

Preliminary hearing (PX) is set for next week.

IOSEFATU ASOLELEI

A 34-year-old man who was convicted of receiving stolen goods has been sentenced to two years probation.

Iosefatu Asolelei was initially charged with one count of conspiracy to steal, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both; however, under a plea agreement with the government, Togiaso pled guilty to the amended charge of receiving stolen property, a class A misdemeanor, punishable by a jail term of up to one year, a fine of up to $1,000, or both.

With his guilty plea, Asolelei admits that on Aug. 20, 2021, he received from someone, property valued at less than $100 that was stolen from a store in Malaeimi.

During sentencing, Asolelei apologized for his actions and asked for a second chance so he can continue caring for his mother and young son, who were both in court.

The defense attorney told the court that his client is a first time offender and he asked the court for a probated sentence without any period of incarceration. He said his client spent almost 9 months at the Territorial Correctional Facility (TCF), and has lost his job as a result.

The prosecutor did not oppose the defense's request for a probated sentence.

The court agreed, and noted that Asolelei has no prior criminal record in High Court, and only a few appearances in District Court.

“We do note Mr. Asolelei that in 34 years you have managed to keep yourself away from violating the law, until this recent violation when you hung around with the wrong people, or with some other kind of influence, which is something you need to address by yourself, to make sure you don’t repeat it,” the court said.

Asolelei was sentenced to 12 months in jail; however, execution of the sentence was suspended and he was placed on probation for two years under the condition that he remain law-abiding, and pay a fine of $1,000 and restitution of $225.03

He was sentenced to serve 10 months at the TCF and is credited for the time already served. Asolelei was released from custody on the day of his sentencing.