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30-year-old man convicted of burglarizing a home is going to jail

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Vaega Togia who has been in custody since his arrest in January 2020, unable to post bond, appeared in High Court last week for sentencing.

Togia was originally charged in two separate cases.

In the first case, he was charged with forgery and stealing, both class C felonies. In the second case, he was charged with second-degree burglary and stealing, both class C felonies; along with trespass, a class A misdemeanor.

Under the plea agreement, Togia pled guilty to second degree burglary and stealing in the second case. The remaining charges were dismissed.

With his guilty plea Togia admits that on Jan. 28, 2020 he unlawfully entered the home of another person and stole an iPhone, a laptop; a bag containing $280 cash that was on the table; and several items valued at more than $100.

Togia told police he sold the stolen items for money to buy drugs to feed his addiction.

When given the chance to speak, Togia apologized to the victim and asked for forgiveness. He also apologized to the court, the American Samoa Government, and the community for violating the law. He also apologized to his parents, who were in the courtroom.

He asked for a second chance, so he can change his life and prove that he can become a better person. He said the 12 months he spent in prison was helpful in teaching him a good lesson, and it allowed him time to meditate to God and seek His forgiveness.

He promised the court that if he is given a second chance, he will make sure to use it wisely to care for his parents, wife and children, and to find a job to pay his fine and restitution.

The defense attorney asked for a probated sentence, saying Togia is a young father who made a careless mistake. He told the court that he agrees with the Pre Sentence Report (PSR) that his client is a drug addict with a meth problem that needs to be addressed.

The prosecutor said the defendant is a suitable candidate for a probated sentence. She however reminded the court that part of the plea agreement with the defendant, requires him to pay restitution for the computer and other items he stole from the victim.

For second-degree burglary and stealing, Togia was sentenced to 7 years in jail for each count. The terms are to run concurrently. Execution of the sentence is suspended and the defendant is placed on probation for 7 years, subject to several conditions.

He is to serve 28 months at the TCF, with credit for 12 months of pretrial confinement.

All but 18 months is stayed, meaning Togia has to serve 6 more months at the TCF before he is released.

He is also to pay a $2,000 fine and $280 restitution within the first year of probation.

BACKGROUND

Togia was arrested after a couple contacted the Tafuna Police Substation for assistance after their house was burglarized by an unknown person. Two weeks later, the couple found out from a neighbor family that the person who burglarized their house was Togia, a man who lived with his wife and three young children around the area.

Togia was apprehended by police and transported to the TPS for questioning. When asked about the incident, Togia admitted that he broke into the couple’s house without permission and stole several items including a wallet with cash inside. The items were never recovered.