Male allegedly threatens two little girls with baseball bat

Pago Pago, AMERICAN SAMOA — On August 8, 2024, a witness contacted the Tafuna Police Substation (TPS) regarding a male individual walking around with a baseball bat and allegedly threatening two minors.

The defendant was apprehended and charged with:

Count 1 & 2: Assault in the Third Degree (As a C Misd.), a class C misdemeanor punishable by imprisonment for up to fifteen days, a fine of $300, or both; and,

Count 3: Public Peace Disturbance, a class B misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $500, or both.

The defendant’s bail was set at $1,000.

According to the affidavit, on August 8th, at about 3:18 p.m., TPS received a phone call from a male individual regarding Nicky Failauga walking with a baseball bat at his neighbor’s residence and disturbing the peace.

Officers proceeded to the call and were informed that motorcycle unit officers had apprehended the suspect, Nicky Failauga. At that time, the suspect was placed in the police unit.

Police then headed over to the victims’ and the witness's residence where they informed them to come into TPS for further investigation. The suspect was also transported into the TPS for further investigation.

According to one of the victim’s verbal statements (a 9-year-old female), on August 8th, at around 3:00 p.m, the suspect rounded the house several times holding a baseball bat. She stated that it seems as if he was peeking through the windows to see if anyone was home.

She explained that as she and her sister were outside of the house, Failauga approached and attempted to hit them with the baseball bat five times. Luckily, she and her younger sister ran inside the house, locked the door and hid from the suspect.

However, the suspect pushed the door and hit it with the baseball bat several times. The suspect also yelled profanities at her and her sister and to open the door. The 9-year-old victim stated that their mute aunty exited the other door and ran to their neighbor’s house for help.

Another victim that was also interviewed (a 6-year-old female), explained that she was outside of the house with her older sister when Failauga rounded their house many times; and, he walked towards them and immediately tried to grab her arm and tried to hit her with the baseball bat five times.

But, they ran inside the house and locked the door. The suspect then yelled profanities and demanded for them to open the door. The six year-old stated that they were scared and found a way out of the house using the other side door and ran towards their neighbor’s house for help.

The mute witness was also interviewed, where the victims’ mother was able to translate her sign language to the officers.

The witness explained that she was outside the house doing her daily chores when she saw the suspect walking after the victims and they ran inside their house and closed the door. She explained that the suspect tried to get inside the house by hitting the door with a baseball bat. She then ran inside the house to get the victims and later exited through the door to their neighbor’s house for help.

According to another witness (neighbor), he stated in his verbal and written statement that he was at home when he saw the suspect standing on the sidewalk facing the victim’s home. Failauga was holding a baseball bat and walking towards the victims’ home while the victims were outside. He stated he immediately ran into his bedroom to get dressed and when he walked out, the victims were outside calling out for help and he led them into his home and chased the suspect away.

Failauga refused to speak to the officers and he was later transported to the Tafuna Correctional Facility awaiting the next available sitting of the District Court.

The defendant is identified as an 18-year-old U.S National.