Pago Pago, AMERICAN SAMOA — One of the five inmates convicted of escape from confinement around October 2019 while serving a 10-year sentence was sentenced by the High Court last week to a term of 5-years probation with conditions.

The decision was handed down by Associate Justice Fiti Sunia, assisted by Chief Associate Judge Mamea Sala Jr and Associate Judge Tunupopo Alalafaga on the bench.

Gabriel Tinae, who has served almost 9 years of his current detention was represented by Assistant Public Defender Ryan Anderson while prosecuting the case was Assistant Attorney General Kristine Soule’.

Anderson asked the court to be lenient with his client and to let any period of detention the court will impose for this case to run concurrent with the sentence his client is currently serving at the Territorial Correctional Facility (TCF).

Anderson told the court that according to reports from TCF, his client is one of the persons of faith at TCF where young inmates look up to him for advice and as a good example. He also stated that his client is truly remorseful for his action and he takes full responsibility for what happened.

Soule’ echoed Anderson’s submission and recommended probation.

After reviewing facts of the case, along with submissions by counsels, the court sentenced the defendant to a term of 5 years probation on the condition that he serves 20 months at TCF.

The term of probation and the period of detention will run concurrent to the sentence Tinae is currently serving.

The court noted that Tinaie’s 10-year sentence will expire on Feb. 2023, and he will be released to go home.

The court ordered that any remaining period of detention from the defendant’s escape conviction if he’s released in February of 2023 will be stayed until further order of the court.

BACKGROUND

In 2013, Tinae, who was 25-years-old at the time was convicted of burglarizing stores, a school and several residences and was sentenced to ten years in jail. He was charged in connection with four separate burglary cases and pled guilty to one count from each of the four cases in which he was implicated. He pled guilty to first degree and second degree burglary, and in return the government dismissed the other burglary and stealing charges.

He told the court he’s learned a lesson and wants to return to his family as jail is not a good place for him. The court noted the court is puzzled as to the right words they can use in handing down sentencing for the defendant, who’s a repeat offender. He noted that Tinae was not new to the court system, having committed similar acts of stealing and burglary before. 

The court pointed out to Tinae that he shouldn’t apologize to the government as ASG was not a victim — but rather, he should apologize to members of the public. He noted that it is the government’s job to protect the people and stand before the court on behalf of the public. 

The prosecutor at the time asked the court to jail the defendant for the minimum allowable under the law, which is six years. 

For the two counts of first degree burglary Tinae was sentenced to ten years in jail for each count and for the remaining second degree burglary counts, he was sentenced to seven years for each count. However, the sentences would be concurrent, meaning the defendant would be in jail for a total of ten years.

For the escape case, on Oct. 19, 2019, Tinae, along with four other inmates including, Elliott Jr Siaumau and his brother, Thomas; Falaniko Fetoai and Pati Lepou escaped from TCF. Leaving the compound, the inmates returned on their own — walking in through the main gate late in the evening to the surprise of the guards. Their escape was only noticed during a head count by TCF guards earlier on.