Tonga Mounga, David Niumeitolu, Tupounia Unga and Bo Malupo are good friends. They've run together for several years. Where you find one, you're likely to find the others.
For a couple of months this fall, all four could be found in the Utah County Jail. They were facing homicide charges after getting drunk and going over to John Freitag's Orem home to beat him up.Freitag died when one of their associates, Leikina Lavulavu, pulled a gun from his pants and shot him. Lavulavu was convicted last month of manslaughter. Beau Heaps, who prosecutors allege planned the confrontation, will stand trial next month on a charge of murder.
However, Utah County prosecutors allowed Mounga, Niumeitolu, Unga and Malupo to plead to misdemeanor charges when they learned none of the four knew Freitag, and none was aware that Lavulavu had a gun. The four claimed they were just in the wrong place at the wrong time.
Who could argue? After all, Mounga, a former standout football player at Mountain View High School, had just been called to serve a church mission. Niumeitolu was valedictorian at Meridian School in 1995 and was attending the University of Utah on an academic scholarship.
A check of court records, however, shows the four have been in the wrong place at the wrong time and in the wrong condition many times over the past year. Each has a long list of misdemeanor offenses, mostly alcohol-related. None is of legal age to possess alcohol.
Of the four, Mounga, 19, has the most extensive record. Since turning 18, he has been charged with 25 misdemeanors. He's pleaded guilty or no contest to most of the allegations, has been fined a total of $5,400 and ordered to spend 64 days in jail.
Unga, 20, has eight misdemeanor convictions and is awaiting trial on three others. Niumeitolu, 19, has seven misdemeanor convictions, and Malupo, 19, has six misdemeanor convictions.
Court records show the four haven't responded well to judges' orders. They continued to violate the law, haven't paid fines and have failed to fulfill many of their court-ordered obligations.
Sitting in jail for more than 60 days on the homicide case did little to get their attention. On Dec. 3, the night before they were scheduled to testify at Lavulavu's trial, Mounga, Malupo and Niumeitolu were again allegedly drinking beer at a basketball game at Provo High School. City prosecutors charged the three last week with possession of alcohol by a minor, a Class B misdemeanor.
Judges are becoming frustrated with the four and are beginning to think a little more jail time might help.
On Jan. 2, Unga was booked into the West Valley City Jail for failing to fulfill his obligation on charges stemming from a traffic accident in June. After pleading guilty to leaving the scene of an accident, providing false information to police, having an open container and possession of alcohol by a minor, he was fined $800 and ordered to complete an alcohol class. He hadn't paid the fine or completed the alcohol class.
He'll be sentenced Friday in the Freitag case and is still awaiting trial on a charge of retail theft.
On Tuesday, Mounga was tossed into the West Valley City Jail for 16 days by Judge Edward Watson. He had failed to pay $377 in fines for convictions of having an open container and possession of alcohol by a minor, charges stemming from the same incident in June involving Unga. He is scheduled to be sentenced in the Freitag case next week.
For his role in the Freitag case, Niumeitolu has already been sentenced to 30 days in jail, fined $550 and placed on three years probation. The alleged drinking incident at Provo High School could affect his probation.
Malupo has also been sentenced in the Freitag case. Fourth District Judge Ray M. Harding called his actions appalling and gave him 11 months in jail and ordered him to pay $2,200 in fines and restitution. A circuit court judge recently added 30 days of jail time to the sentence on a conviction of driving on a suspended license. Malupo is also awaiting sentencing next week on another charge of assault and disorderly conduct.
When Malupo does get out of jail, he'll have to find new friends. Harding, at the request of Malupo's father, ordered Malupo not to associate with Mounga, Niumeitolu and Unga for the length of his three-year probation.