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American Samoa courts hand out sentences to three

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who failed to comply with conditions of his 5 years probation, which was given out by the High Court in 2014 was given another chance to prove himself.

Sinave Tupuola appeared in court yesterday morning for his Disposition Hearing, for failure to comply with conditions of his probation. He was convicted in District Court last month for being an intoxicated pedestrian, a class B misdemeanor, and was fined $100 by Judge Elvis P. Patea.

When given the chance to address the court, Tupuola apologized for his action and begged for another chance to prove himself. He told the court that after he was sentenced in 2014, he thought that he would never appear in court again. However, his carelessness brought him back to court.

He assured the court that if he was given another chance, he wiould never get in trouble with the law again.

Both his attorney, Public Defender Michael White and prosecutor, Laura Garvey asked for another chance for Tupuola.

White told the court that his client had been in compliance with conditions of his probation for almost 5 years until last December when he was arrested by police.

A probation officer who was in court stated to the court that Tupuola had been in compliance with conditions of his probation aside from the incident where he was convicted in District Court. He was current for his monthly visitation abd he also paid his fine.

In delivering his decision, Associate Justice Fiti Sunia stated that the defendant’s term of probation was almost expired a month before when he was arrested by police in December of last year.

After review all the mitigating factors about the case, the court feels that the defendant deserves a second chance, and if he fails one more time there will be no more chances for him.

The court did not revoke Tupuola’s probation, but it was extended for another 3 months, which expires in July of this year.

BACKGROUND

Tupuola was sentenced to six months jail term as part of his five year probation in 2014 for assaulting another man he struck on his head with a beer bottle. Tupuola was ordered to serve 20 months as a condition of his probation, however, 14 months of that was suspended, and the defendant will serve only six months in jail.

IEREMIA TUNUFAI

A young man accused of stealing money from a cash register in a store in Tafuna earlier last year entered into a plea agreement with the government last week.

Ieremia Tunufai, 23, who was initially charged with first-degree burglary, stealing and public peace disturbance, pleaded guilty to the stealing count while the remaining charges were dismissed as part of the plea deal.

Associate Justice Fiti Sunia accepted the plea agreement and scheduled sentencing for the defendant on June 6, 2019.

During the plea agreement, Tunufai admitted taking the money from the cash register in the Tafuna store on January 30, 2018 of which he returned $830 to the police. Assistant Attorney General Laura Garvey informed the court that the money has been returned to the store owner.

According to terms of the plea agreement, Tunufai had given $200 to his co-defendant Aleki Peleuale and he had agreed to pay a difference of $240 to the store owner. Peleuale recently pled guilty to aiding and abetting and will also be sentenced in June.

IOANE ETEUATI

Ioane Eteuati who pled guilty to third degree assault in District Court this week was sentenced to time served. The sentence was handed down by Judge Elvis. P. Patea.

During the plea agreement hearing, the court asked the defendant if he agreed that it’s unfair that he was the only one charged in the altercation, and if the complaining witness should have also been charged, the defendant replied “yes”.

According to the government’s case, police received a report by a complaining witness that the defendant had stabbed him in the hand, while accusing him of stealing items from his house and also attempted to stab him in his leg but missed.

Court documents state that the Emergency Medical Services treated the injuries the victim sustained from the attack and they were not serious.

Police confiscated the knife from the defendant’s residence, and turned it into the police evidence room.

Eteuati apologized to the court for his actions and requested another chance to go back home to care for his family.