District Court Judge Elvis Patea handed down a 90-day sentence for Department of Safety police officer Sianava Nu’usila who was found guilty by a jury of five women and two men on charges of third degree assault and public peace disturbance in connection with assaulting an inmate. The officer works for the Tafuna Correctional Facility.

The inmate in question, Joe Togitogi, had been taken to Manu’a for safekeeping, however he was returned to Tutuila when one of his two cases was called before the court — the one that accused him of threatening a homeless man with a knife.

Togitogi’s second criminal case charges him with escaping from police while incarcerated.

During sentencing, Nu’usila apologized for his actions to the court and to the inmate involved and asked that he be forgiven. He told the court that of his 15 years working at the jail, there were numerous times inmates had broken out of jail, and he thought his judgment call the day of the incident was the right call, however it has led him before the court. He said this incident has taught him a huge lesson and he’s ready to serve the jail sentence the court will hand down in his case.

District Court Judge Patea called Nu’usila’s actions “unprofessional” and stated that the verdict in this case coincides with the observation of the court. He pointed out that Nu’usila’s act of kicking the inmate in his face while the inmate was handcuffed does not sit well with the court.

Furthermore, the judge said these actions belittle the hard work done by other police officers who are carrying out their duties diligently. Also, he noted that cases such as these confirm complaints by the public of what’s going on at the Tafuna Correctional Facility.

Patea sentenced Officer Nu’usila to 24 months in jail, however execution of sentencing is suspended and he’s placed on probation for 24 months on the condition that he serves 90 days in jail, attend and successfully complete anger management courses, and remain a law abiding citizen.

During the jury trial for DPS Officer Nu’usila, the government called on two witnesses for testimony. Police Officer Moeoge Tofiga told the court that she was among the police officers who were trying to apprehend Togitogi by pulling him to the ground to cuff him, as the inmate was resisting arrest and trying to escape.

She said that when they finally had the inmate on the ground and Police Officer Salefasa Matatule was trying to cuff the inmate, the defendant, Nu’usila kicked the inmate in his face. The female officer said when the inmate was secured in the police vehicle and they arrived at the TCF, she heard the inmate yelling “I will tell on you to the court” and when she looked at him, Nu’usila said to open the cuffs on the inmate so they can fight.

The second officer, Matatule took the stand, and told the court that despite the fact that three officers were trying to place the cuffs on the defendant, he was still resisting arrest. The court heard officer Matatule say that when he finally cuffed the inmate, he was shocked when officer Nu’usila walked over and kicked the inmate in the face.

According to the government’s case, on Nov. 27, 2013 an inmate (Togitogi) had escaped from jail and was found near a store in Kokoland where he was subdued and handcuffed, and during this time, it was alleged that Nu’usila kicked the inmate in the face.

According to the government’s case, during the course of the investigation into this matter the officers in the police vehicle said the inmate was acting violently and had to be transported straight to the TCF.

Upon arrival at the TCF, police officers saw the inmate had a bloody nose and scratches on his face.

Samoa News points out that Nu’usila was among the police officers that the Commissioner of Public Safety had moved to terminate, however Human Resources Director Sonny Thompson ruled that a suspension, not a termination was warranted in this matter, and Nu’usila was suspended for 30 days.