Pago Pago, AMERICAN SAMOA — A young man convicted of unlawful possession of methamphetamine (meth) was released from custody this week, after the Court decided that the 8 months he spent in custody while awaiting the outcome of his case is enough punishment.

Faafetai Eneliko appeared before Acting Associate Justice Elvis P. Patea for sentencing.

Eneliko, who has been in custody since his arrest in November of last year, and has plead guilty to the amended charge of unlawful possession of meth, a class D felony, punishable by a term of imprisonment of up to five years, and or a fine of up to $5,000.

By his guilty plea, Eneliko admits that on Nov. 21, 2021 in American Samoa, he violated local drug laws when police found a glass pipe containing meth in his pocket.

Eneliko apologized to the court for his action and asked for a chance to return home to do something good for his family.

Both prosecution and defense asked for a probated sentence. Defense attorney Michael White told the court that his client is a young man who found himself on the wrong side of life. He’s truly remorseful for his action and he wants to find a job to support his family.

The government’s attorney agreed, saying that the defendant is a first offender who was very cooperative when cops interviewed him last year.

The court learned from the Pre-Sentence Report (PSR) that the defendant has never been employed in his life because he served as a caregiver for his grandfather who just passed away a few months ago. While the court described the defendant as a responsible person who loved to care for his grandparents and family, the court believed the defendant’s grandfather was not happy with the way the defendant was living his life.

After considering all facts of the case, the Court agreed that the defendant is a suitable candidate for a probated sentence.

The Court then sentenced Eneliko to 5 years probation under several conditions including serving 20 months at the Territorial Correctional Facility (TCF). He was credited for the over 8 months he served during his pretrial detention. The balance was stayed until further order of the court.

He is to refrain from consuming any alcohol or possessing any illegal drugs. He must also submit himself for random testing to see if he’s in compliance with the court order. The Court deferred a $1,000 fine and in the meantime, he must seek and secure gainful employment in the first 60 days of his release from custody.

LAKI LOTA

A man accused of violating conditions of his probation admitted that he failed to attend and complete the counseling ordered by the Court.

Laki Lota was arrested last week pursuant to a bench warrant from the court, after the Probation Office filed for an Order to Show Cause (OSC).

When Lota appeared in Court this week for his initial appearance, his attorney Michael White informed the Court that his client is ready to admit to the violation.

When asked by the Court, Lota said after he was sentenced in May of this year, he never visited the Probation Office nor did he attend and complete the counseling ordered by the Court as conditions of his probation.

Lota apologized to the Court for his action saying that he was under the impression that his failure to attend counseling would not affect his probation.

The court gave Lota 4 weeks to attend and completed his counseling. His Disposition Hearing is scheduled for Aug. 30 and the Court is hoping that by that time, Lota will have completed the counseling. Lota was released from custody after the hearing this week.

SHAUN MAIAVA

Shaun Maiava is scheduled to appear in Court on Aug. 25 for a Deposition Hearing after the Court accepted his admission to a probation violation.

Maiava, who is serving one-year probation for a conviction in the District Court, was ordered to remain law abiding and refrain from consuming alcohol or illegal drugs. A few months ago, Maiava tested positive for meth during his monthly visit to Probation.

The Court noted that based on a report prepared by Probation, this is Maiava’s 3rd OSC since he was sentenced in District Court last year. The defendant also has a pending drug case in High Court.

When Maiava’s case was called yesterday morning, his defense attorney Michael White informed the Court that his client is prepared to enter an admission of guilt to the probation violation.

Maiava told the court that he violated a condition of his Probation when he tested positive with meth, a.k.a “ice”.

He immediately apologized to the court for his action and asked for another chance.

Maiava has been remanded back to custody while waiting his next court appearance later this month.

MAN PLEADS GUILTY TO ASSAULTING HIS WIFE

A 47-year-old man accused of assaulting his wife involving domestic violence while he’s on probation has entered into a plea agreement with the government.

The defendant allegedly assaulted his wife while on probation after being convicted for the same offense against the same victim.

The defendant, who has been in custody since his arrest last year was initially charged with 3rd- degree assault involving domestic violence, PPD and property damage in the 3rd- degree. However, under a plea agreement with the government, the defendant pled guilty to 3rd- degree assault, a class A misdemeanor.

However, due to the fact that the defendant had been convicted previously for 3rd- degree assault involving domestic violence, the punishment for his second 3rd- degree assault conviction will be one class higher, which is a class D felony, punishable by a term of imprisonment of up to five years, and or a fine of up to $5,000.

With his guilty plea, the defendant said that on Dec. 12, 2021 at their home in Nuuuli, he assaulted his wife by punching her in the face and kicking her in her back.

The defendant also admits that his action on Dec. 12 of last year violated conditions of his Probation.

The Disposition Hearing and Sentencing is scheduled for Aug. 30 and the defendant is still in custody until his next court appearance.

ANTHONY FIATAU

A young man who was convicted of misdemeanor stealing has been ordered to serve 60 days at TCF, as a condition of a 12-month probation sentence.

Anthony Fiatau has been in custody since May.

In a plea agreement with the government, Fiatau pled guilty to stealing and the remaining charges were dismissed.

When he appeared in court last week for sentencing, Fiatau apologized for his actions and begged for a second chance to return home to care for his parents and serve his family and church.

He also apologized to the victim and asked for forgiveness. The defendant said he is truly remorseful for what he did and assured the judge that he will never again break any laws, adding that if given another chance, he will do everything he can to change his life.

The court asked the defendant what happened to the many chances the court had already given him when he appeared 4 times for previous court cases. Fiatau said he messed up — he was trying his best to abide by the law, but he failed.

Attorneys from both sides asked the court to sentence the defendant to 12 months probation, under the condition that he attend and complete alcohol counseling, and refrain from consuming alcohol.

However the court told Fiatau that they had given him a lot of chances before, but it appears that he’s not learning his lesson. A report from the Probation Office stated that Fiatau had completed alcohol counseling that was ordered by the court, as a condition for a previous matter.

“You’re not new in this court, this is the 5th time you've come before this Court. You have been convicted of public peace disturbance three times. You've also been convicted of driving under the influence (DUI) and now you’re convicted for stealing. Who knows, maybe your next criminal act will be a felony?” the Court said to Fiatau.

According to court records, Fiatau was placed on 12-months probation earlier last year in April, after he was convicted of a DUI. A few months later, he was arrested and charged with misdemeanor stealing.

The court then revoked Fiatau’s 12-month probation sentence from the DUI matter, and ordered him to serve the suspended sentence of 60 days. He will be credited for the 51 days he's already spent in confinement.

For the stealing case, Fiatau has been sentenced to serve 12 months at the TCF.

The sentence was suspended however, and he was placed on probation for 12 months, under the condition that he serves 120 days behind bars.

The court ordered the defendant to serve only 60 days, and the remaining term would be stayed, if he complies with all the conditions of probation.

This sentence is to run consecutively with the 9 days he needs to serve for probation revocation.

Fiatau was also ordered to pay a $100 fine within 30 days, and he must be gainfully employed after he is released from prison next week.

FILEMU VALAAU

The 32-year-old man from Ottoville accused of using a rock to assault a man has been arrested and charged with second-degree assault — a felony, punishable by not more than 5 years imprisonment, and/ or a fine of not more than $5,000 or both; and two misdemeanor charges — unlawful use of a weapon and public peace disturbance.

The charges against Filemu Valaau stem from an incident that occurred last month in Ottoville, during which he allegedly used a rock to assault and severely injure a man.

According to the police report, Valaau and the victim had gotten into a disagreement. The victim allegedly attempted to assault Valaau and when he failed to do so, the defendant turned around and assaulted the victim with a rock.

Valaau made his initial appearance in the District Court last month, where he waived his right to a preliminary examination.

His appeared this week in the High Court, where he entered a not guilty plea to the charges. His bond was set at $5,000 and because he is unable to post bond, Valaau remains in custody at the TCF.

ANOTHER DOMESTIC VIOLENCE CASE IN COURT

Another domestic violence case came before the Court this week for sentencing and the court told the male defendant that he court doesn’t take these cases lightly. He told the defendant that a week doesn’t go by without these cases coming before the court.

“It’s important that defendants learn their lesson from the sentence handed down in these domestic violence cases,” the court said.

In the latest case last week, the defendant, who is a 40-year-old man from Samoa who has lived in the territory for over 20 with his wife and 4 children was convicted of misdemeanor 3rd- degree assault while a second misdemeanor count of public peace disturbance was dismissed.

According to court records, the defendant slapped his wife in the face in front of his 12-year-old daughter and his sister-in-law. The defendant told the court that an argument between him and his wife started when he was putting away his wallet in the area where his clothes are kept, which caused his wife to be suspicious that he was trying to hide something from her.

The defendant told the court that he pushed his wife out of his way, but the government responded that the defendant slapped his wife in front of his sister-in-law and his daughter, which resulted in his sister-in-law calling the police for help.

The defendant was sentenced to 35 days imprisonment, and the 32 days that the defendant spent in jail since his arrest was counted towards the jail term. The court also ordered the defendant to pay a fine of $125.