Court Report: Two brothers sentenced to probation after family fight

Pago Pago, AMERICAN SAMOA — Two brothers were sentenced to a term of probation after being convicted in District Court for assault and disturbing the private peace in their family.

The two brothers, Victor and Iosefa Filemoni appeared in District Court last week for sentencing.

The Filemoni brothers were each charged with 3rd- degree assault; private peace disturbance (PPD) and 3rd- degree property damage.

Under a plea agreement accepted by the Court, Victor pled guilty to PPD while Iosefa pled guilty to 3rd- degree assault.

Both defendants admit that on May 15, 2022 at their home in Tafeta, they assaulted a man. Victor admits he started the fight by going over to the victim’s house and yelling at him, and Iosefa admits that he hit the victim’s chest with his shoulder.

Victor was ordered to serve 15 days at the Territorial Correctional Facility (TCF) as a condition of his 6-month probation, while Iosefa was ordered to serve 60 days at the TCF as a condition of his 12 months probation. Both defendants were credited for the 52 days they each served while held in custody, unable to post their bonds.

Each defendant was ordered to pay a fine of $150, and to attend and complete anger management counseling.

IEREMIA FOMA’I

A man accused of assaulting his girlfriend is facing three counts of third-degree assault and one count of public peace disturbance, all misdemeanors.

Besides allegedly assaulting his girlfriend, Ieremia Foma’i is also accused of assaulting a cousin who was trying to protect the victim, who ran towards the home of the defendant’s uncle. It’s also alleged in court filings that the defendant threw a chair at his uncle.

The alleged assaults stemmed from a dispute between Foma’i and his girlfriend.

Foma’i made his initial appearance last week in District Court.

Court records show that the defendant was previously convicted of third-degree assault and public peace disturbance five years ago, on similar charges to those made in his current arrest.

KAMUTA AMATAGA

A male accused of disturbing the peace last week at his neighborhood in the Tafuna area made his initial appearance in District Court last week, where he entered a ‘not guilty’ plea to the charges against him.

Kamuta Amataga is charged with third-degree assault, third-degree property damage, resisting arrest and public peace disturbance — all class A misdemeanors.

The defense attorney asked the court to release his client on his own recognizance, pointing out he is a first-time offender and the allegations against him are not serious. The prosecutor did not oppose and the Court granted the motion. Amataga was released under certain conditions that include remaining alcohol and drug free.

The government claims that on Oct. 6 cops apprehended an individual later identified as Amataga for disturbing the peace in the parking lot of a store in the Tafuna area. He was shouting profanities, both in Samoan and English, and also challenging people to a fight.

According to the 55-year-old male victim, he was shocked when a male who appeared highly intoxicated entered the store and punched him in the face. He said he exited the store but the man continued to follow him outside. He then threw a beer can at him, which missed his head but hit and cracked his vehicle’s rear window.

During the booking process, police could smell a strong odor of alcohol on Amataga’s breath and his eyes were bloodshot. The pretrial conference is next month.

ALEKI LAUTOLO

Sentencing for Aleki Lauolo has been continued until next month so the court can get information regarding his immigration status, especially the status of his 4-year old son, who is in the custody of the Department of Human and Social Services.

The court said that according to the information it has, the defendant was brought over in 2010 to work at a bakery, which is owned by a lady who was his sponsor.

According to the information before the court, this lady passed away not long ago. This was confirmed by the government’s attorney, which stated that the defendant’s immigration clearance expired in May two years ago.

The defendant presented his statement to the court and asked the court for another chance to return to Samoa to care for his mother.

In his own words, Lautolo told the court he is from Savaii, and he entered American Samoa to seek a better future for him and his family back home.

“During my stay in American Samoa, I’ve made so many bad decisions, including violating the laws of the territory, and I am here to express my apologies to the court for my wrongdoings,” the defendant said.

“I understand the court will hardly accept my request and apology, but I truly seek the court’s forgiveness for my actions and ask for a chance so I can go back home with my 4-year old son, who is under the custody of the government. I am remorseful and ashamed of my actions.”

His attorney asked the court for a probated sentence and to order his client to depart the territory and stay outside for the duration of his probation.

The court said the charges against the defendant are serious and the court needs to take that into consideration. He also asked the government to file something under seal for the court’s eyes only about the status of the 4-year old boy who is under DHSS custody.

According to the court, the government has charged Lautolo in two separate cases.

For the first case, the defendant was arrested and accused of possessing a handgun and drugs found during a traffic stop in Aug. 24, 2021.

The government then slapped him with eight more charges including attempted assault, unlawful possession of a controlled substance with intent to distribute, unlawful possession of a controlled substance (marijuana) and unlawful possession of a controlled substance (methamphetamine), possession of an unlicensed firearm, resisting arrest, careless driving and public peace disturbance.

In the second case, Lautolo is charged with escape from confinement, a class D felony, punishable by not more than five years in jail, and/or a fine of not more than $5,000, or both.

However, under a plea bargain that was accepted by the court this week, Lautolo pled guilty to unlawful possession of a controlled substance (meth), unlawful possession of a controlled substance (marijuana) and possession of an unlicensed firearm in the first case; and escape from confinement in the second case. The remaining charges were dismissed.

The defendant admits that on or about the evening of Aug. 24, 2021, he was in possession of meth, marijuana and an unlicensed firearm.

Lautolo is being held in custody without bail.

CALVIN POLANI

A man who violated conditions of his 5-year probation, which was handed down three years ago has been ordered to serve out his suspended period of detention — which is 11 months.

Calvin Polani appeared in court last week for a disposition hearing. When given the chance to speak, Polani apologized and begged for another chance, so he can return home and start anew. He told the court that he has an alcohol and anger problem, and he needs time to address those issues.

The defense attorney asked the court to modify Polani’s probation, instead of revoking it. He said Polani is truly remorseful and he wants to go home to care for his family.

The prosecutor however, argued for probation revocations saying Polani should be ordered to serve out his suspended sentence (20 months) because he disobeyed the court’s order, and this is the only way for him to learn a lesson.

The prosecutor further stated to the court that the defendant was given a huge break during his sentencing three years ago when the court ordered him to serve only 9 months of his period of detention of 20 months — while the balance of 11 months was suspended.

The court agreed and ordered Polani to serve the suspended period of detention of 11 months at the Territorial Correctional Facility (TCF).

BACKGROUND

Polani appeared in court last month for a preliminary hearing on the allegation that he failed to comply with the probation condition requiring him to be law abiding. He was placed on probation last year, following a July 2019 conviction for unlawful discharge of a firearm.

As a condition of his 5-year probation, Polani served 9 months at the TCF. Two years after he was sentenced, Polani assaulted a man and as a result, was convicted in District Court of third-degree assault. He also pled “no contest” to careless driving in another case. He was sentenced to 180 days at the TCF.