Pago Pago, AMERICAN SAMOA — The court told a man from Samoa convicted of violating local drug laws that the only option for the court to deal with foreigners who come into American Samoa and violate its drug laws is to send them back to their countries, in order for government to save local resources.

This was the message last week from the court during the sentencing of a man, convicted of violating local drug laws. Oliva Unasa, is a citizen of Samoa who has been in custody for over 11 months, unable to post a $10,000 bond.

He was initially charged with one count of unlawful possession of methamphetamine (meth), an unclassified felony that carries a jail term between 5-10 years, and a fine between $5,000- $20,000 or both.

But under a plea agreement with the government, accepted by the court, Unasa pled guilty to the amended charge of unlawful possession of meth, a class D felony, punishable by imprisonment of up to 5 years, a fine up to $5,000 or both.

Unasa admits that on May 15, 2020, he unlawful possessed a glass pipe containing meth. Unasa apologized to the court, the American Samoa Government, and his family. He requested a second chance to return home to care for his elderly mother, and also his wife and children.

“… Please give me a chance to change my life and be a better person,” he said, promising to “never deal with drugs anymore,” as well as to using the remaining days of his life wisely and “to do good things for my family and for the community.”

“I don’t want to go back to the dark days of my life. I want to go home and redeem myself,” Unasa told the court.

Defense attorney asked the court to uphold Probation’s recommendation for a probated sentence, also pointing to Unasa saying, after spending over 11 months behind bars, he realized he needs to move on with his life. He will also attend and complete drug counseling.

Defense attorney informed the court that Unasa’s immigration status is current and he was employed before he was arrested. He said his client has strong ties in the territory — not only is his wife born in American Samoa, his four young children were also born here.

Prosecutor said the government believes Unasa is a suitable candidate for a probated sentence, and the court will manage his probation, giving him time to change his life and address his drug problem.

RECAP OF THE FACTS

According to the court, the defendant was arrested May 15, 2020 when police discovered a small quantity of meth on him. Police arrested Unasa for a public peace disturbance (PPD), and that’s what triggered the body search of the defendant.

On May 17, 2020, Unasa was released from confinement — with conditions — after he posted a $3,000 bond. However, less than 2 months later, Unasa was re-arrested for a public peace case in Tafuna, after he and another male were involved in a fight during a drinking session at a birthday party. Unasa was convicted in District Court for PPD and was sentenced to 85 days in jail.

He appeared in High Court for a Status Hearing after his initial appearance in District Court for his new case. During that hearing, the court did not revoke his release on bond; instead, it increased his bond from $3,000 to $10,000.

Unasa has been in custody ever since, unable to post the new bond amount.

Kruse stated that according to Probation, Unasa is a citizen of Samoa who has been in the territory for a long time.

“In cases like this, the only option for the court to deal with foreigners who come into American Samoa and violate local drug laws is to send them back to their countries, in order for our government to save local resources,” the court said, adding that “the court will hold off with our deportation authority for this case — at this time.”

Unasa was sentenced to 5 years in jail and a $5,000 fine.

Execution of the sentence was suspended, and he was placed on 5 years of probation on the condition that he serve 20 months in jail and remain alcohol and drug free.

All but 11 months of detention is stayed until further order of the court. Unasa was released from custody after he was sentenced last week. He is ordered to pay a fine of $3,000 and attend and complete a drug counseling program.