Pago Pago, AMERICA SAMOA — Barritt Siaumau was sentenced to serve five years in jail for a drug possession conviction after the High Court was satisfied that he hasn’t learned his lesson from the many opportunities the court has given him in the past.

Siaumau, who had 3 felony convictions in the High Court and was on probation for a 2020 drug conviction appeared in court last Friday for sentencing. He was represented by Public Defender, Michael White, while prosecuting the case was Assistant Attorney General Stephanie Rogers.

Siaumau was charged with one count of unlawful possession of methamphetamine (meth), a felony, punishable by a term of imprisonment of not less than five nor more than ten years and a fine of not less than $5,000 nor more than $20,000, or both; along with two counts of possession of unlicensed arms a class A misdemeanor, punishable by imprisonment for up to one year, a fine of $1,000, or both.

Since his arrested in Oct. 2021, Siaumau has been in custody unable to post a $5,000 surety bond.

Under a plea agreement with the government, accepted by the Court in April of this year, Siaumau pled guilty to the crime of unlawful possession of meth, a felony, punishable by a term of imprisonment of not less than five nor more than ten years and a fine of not less than $5,000 nor more than $20,000, or both and one count of possession of unlicensed arms, a class A misdemeanor.

By his guilty plea, Siaumau admits that on Oct. 10 of last year, he unlawfully possessed meth, along with unlicensed ammunition.

When given the chance to address the court, Siaumau apologized for his actions and begged for a second chance to return back home to care for his mother.

He told the court that he made a terrible mistake and he’s truly remorseful for his action. He also stated that he understands that he is on probation for another drug conviction, however, if he’s given one more chance, he will prove to the court that he’s a changed man.

Defense attorney White told the court that he discussed the situation with Siaumau numerous times and he explained to him the consequences of his actions.

According to White, his client is a young man who can change his life and become a productive member of society, however, if he continues to act and behave like what he did on Oct. 10, 2021 where drugs and arms were found inside his vehicle, then, the only place for him is behind bars.

The prosecutor asked the court for a period of incarceration saying that this is not the first time this defendant has had a problem with the law. The prosecutor noted that the defendant is on probation for a drug conviction and he also has a pending OSC (Order to Show Cause) before Chief Justice Michael Kruse for a probation violation hearing.

Acting Associate Justice Patea sought a comment from the defense attorney regarding the government’s recommendation for a period of incarceration.

Patea pointed out to White that his client has pled guilty to an unclassified felony, which carries an imprisonment terms of not less than five years, nor more than ten years.

White said he has discussed this issue with his client and he understands the seriousness of his actions.

After a brief recess, the court clarified a few points regarding the defendant’s criminal history. According to the court, Siaumau has three felony convictions in High Court, which include two felony driving convictions and one unlawful possession of meth.

The court also reminded the defendant that he’s still on probation for a drug conviction from two years ago and his probation violation revocation hearing is still pending before a different panel of Judges.

“So, we believe probation is not appropriate at this time around. This felony conviction is from 5 to 10 years imprisonment and your sentence will be five years imprisonment,” the court said.

Siaumau will be credited for the months he served while awaiting the outcome of his case, since he was arrested on Oct. 10, 2021.

Associate Judges Su’apaia J. Pereira and Paepae I. Fai’ai assisted Patea on the bench.

BACKGROUND

On Oct. 10, 2021 at about 5:30p.m, Vice and Narcotics (VNU) were informed of a traffic stop by the Tafuna Police Substation Patrol Officers (TPS) where they discovered live ammunition and illegal drugs.

The traffic stop involved a vehicle driven by Barritt Siaumau, which had  expired tags.  Siaumau was found not to have a driver’s license or any form of identification with him. This led to his vehicle being impounded and Siaumau taken to the TPS for further investigation, where officers discovered the glass pipe containing white crystalline substance. Officers also found live ammunition (10 rounds of 9mm / 2 rounds of 30 caliber) scattered inside the armrest and the cup holder at the driver’s side door.

Individuals are unable to obtain a lawful license for 9.mm ammunition or 30 caliber ammunition.

Siaumau refused to make a statement to police after he was Mirandized.

PRIOR DRUG CONVICTION

On Sept. 14, 2020, Siaumau pled guilty to the amended count of unlawful possession of meth and was sentenced by the High Court to a term of probation of 5 years and a $2,000 fine. The execution of the term of imprisonment was suspended and the defendant was placed on probation for a period of five years with the usual terms and conditions.

This conviction also stemmed from a traffic stop.