Court Report

Pago Pago, AMERICAN SAMOA — On November 23, 2023, a man was arrested for allegedly assaulting his daughter and niece, and for threatening to stab his brother with a machete.

He was charged with:

Count 1: Private Peace Disturbance, a class C misdemeanor punishable by imprisonment for up to fifteen (15) days, a fine of $300.00, or both.

Count 2 & 3: Assault in the Third Degree, a class A misdemeanor punishable by imprisonment for up to one (1) year, a fine of $1,000.00, or both.

The defendant’s bail was set at $500.00.

According to the affidavit, on November 23, 2023, police headquarters in Fagatogo contacted the Tafuna Police Station (TPS) regarding an assault case that was reported by a female individual in Seetaga. TPS then contacted the caller regarding the report and she verbally stated that Sipaia Vivi assaulted his daughter and niece by slapping them in the face and also threatened to stab his brother with a machete.

Police officers were then dispatched to the scene and upon arrival met up with the female individual who made the report and interviewed her regarding what had happened. She verbally communicated that her brother, Sipaia Vivi was “highly intoxicated” and had assaulted his daughter and niece and then threatened to kill his brother while yelling profanities.

One of the victims also stated that she went with her cousin to the store and when they returned, the defendant scolded them and then slapped them in the face.

The defendant was apprehended and placed inside the police unit and later transported to the TPS for further investigation. Upon arrival at the station, Mr. Vivi was Mirandized and waived his rights. He agreed to give a statement and to answer questions.

According to the defendant’s verbal statement, he said that he got mad at his daughter and niece for coming late when they went to the store. He stated that he then slapped them and that’s when his sister and brother came at him and they started arguing. In response, he shouted profanities at his siblings, and also threatened to stab his brother with a machete.

Mr. Vivi was booked and confined at the Tafuna Correctional Facility (TCF) awaiting the next sitting in the District Court.

JOHN MATAGILELE

On November 21, 2023, a man was arrested for refusing to stop yelling profanities due to his elderly father’s condition.

He was charged with Count 1: Private Peace Disturbance, a class A misdemeanor punishable by imprisonment for up to six months, a $500.00 fine, or both.

The defendant’s bail was set at $300.00.

According to the affidavit, on November 21, 2023, the TPS received a call from a female individual from the village of Malaemi. She reported that John Matagilele threatened her and was shouting profanities in their family home.

The affidavit stated that the responding officers made initial contact with the female individual, who was later identified as the victim, at the location. She briefed the officers about the reported matter and directed the police to where Mr. Matagilele was lying on the floor cussing at the victim. The defendant was handcuffed and transported to TPS for further investigation.

Police officers conducted a field interview and the victim verbally stated that this is not the first time that the defendant has disturbed the peace in their family. She mentioned that she (victim) repeatedly asked the defendant to stop yelling profanities inside their family home due to their father’s medical condition but he refused to listen. She verbally stated that the defendant walked up to her with a closed fist like he was about to hit her.

Moreover, she said that “this is nothing new and it’s a daily routine for the defendant to come home from work drunk, and accuse their mother of not caring for him.”

Upon arrival at the TPS, the police could not mirandize Mr. Matagilele, because of his behavior.

During the booking process, the officers could smell a strong odor of alcohol beverage emitting from the defendant's breath and was observed with red bloodshot eyes and slurred speech.

He was booked and confined at the TCF to await his court appearance.

Both victim and defendant are citizens of Samoa.