Pago Pago, AMERICAN SAMOA — A former police officer who is on probation for a drug conviction in 2020 appeared in High Court yesterday for sentencing in a new case.

Steven Tuatoo, convicted of arson in the 1st- degree from a 2021 incident appeared before Acting Associate Justice Elvis P. Patea for sentencing.

Tuatoo is scheduled to appear before Chief Justice Michael Kruse this Friday for his Disposition Hearing for violating conditions of his 2020 probation.

Tuatoo was initially charged with 1st- degree arson, the same charge he pled guilty to under a plea agreement with the government, a class C felony, punishable by a term of imprisonment of up to seven years, and a fine of up to $5,000.

By his guilty plea, Tuatoo admitted that on the morning of July 27, 2021, he burned down his house in Alofau causing concern to neighboring families for their safety and the safety of their homes.

When given the chance to address the court, Tuatoo apologized to the court for his action and begged for a chance to return home to be with his family. He said he’s been experiencing mental problems and he doesn’t know from where it comes.

He’s been away for his family for 5 years and he wants to return home to be with his family. He told the court that he’s no longer on drugs and he really needs help from the court.

The defense attorney and former public defender Michael White asked the court to adopt the parties recommendation and sentence his client to probation.

Prosecutor Angela Drummond recommended probation.

Patea noted that Tuatoo is on probation for a drug conviction and he’s scheduled to appear in court later this week for his disposition hearing.

After reviewing submissions from both parties and the defendant’s statement, the court sentenced the defendant to a term of probation of 7 years. His probation term will run concurrently with any other sentences he’s currently serving.

Conditions of his probation include remaining law abiding and visiting probation once a month or any other time required by the probation office.

He shall serve a period of detention of 20 months at the Territorial Correctional Facility (TCF) and he is credited for time spent in detention since his arrest on Sept. 22, 2021.

The court did not say how many months the defendant served during his pretrial detention.

While serving his period of detention, the court ordered that Tuatoo is not eligible to be a trustee.

BACKGROUND

The government stated that about 9:a.m on July 27, 2021, Police Central received a report of a structure on fire in the village of Alofau. Several police officers responded to the call and when they arrived at the scene, they observed a house fire.

When the fire unit arrived, firefighters immediately reacted by hosing down the burning residence.

Officers met up with the reporter who briefed officers about what happened. According to the reporter, he was alarmed when he heard Tuatoo yelling profanities adjacent to the highway near their home. The reporter confronted Tuatoo and tried to deescalate the situation.

Subsequently, the reported observed Tuatoo walking towards his residence and he heard the Tuatoo yelling and throwing objects inside his own house. Minutes later, the reporter detected the odor of smoke coming from Tuatoo’s residence.

The reporter, along with his neighbors stated they were concerned for other inhabited structures next to the burning residence.

Officers then located Tuatoo swimming in the ocean and officers instructed him to come ashore. Officers made contact with Tuatoo, asking if medical attention was needed but Tuatoo refused. Officers detected an odor of alcoholic beverage emitting from Tuatoo, and saw a can in his hand.

An officer questioned Tuatoo regarding the incident and he denied igniting the fire. Tuatoo was detained throughout the remaining of the fire, and was later transported to the Fagaitua Police Substation for further investigation.

Tuatoo was Mirandized and refused to make a formal statement but confessed that “he burned down the house, starting from the living room because he was hearing voices.” He was booked and confined at the Tafuna Correctional Facility (TCF).

Previous to this, in 2020, Tuatoo had been sentenced to a period of probation of 5 year after the court found him guilty of violating local drug laws. One of the conditions of his probation was that Tuatoo was ordered to serve a period of detention of 20 months at the TCF.

Upon release from confinement, Tuatoo was ordered to remain law abiding and visit probation every month.

He was initially charged with one count of unlawful possession of meth, one count of unlawful possession of marijuana, one count of possession of a prohibited weapon, one count of unlawful possession of a firearm and one count of flight to avoid prosecution, all felonies.

The charges stem from the findings of a police raid of Tuatoo’s home in Alofau on Nov. 9, 2017 in which according to the government’s case, contraband was found including substances testing positive for meth and marijuana, as well as a 16-gauge shotgun.

Following the raid, Tuato’o was booked at the TCF until the next sitting of District Court, which was November 13, due to the Veterans Day holiday.

Between November 11 and 12, according to the government, corrections officers at the TCF improperly released the defendant from custody at the expiration of the 48-hour in confinement.

Tuatoo then traveled to the mainland via Samoa but he got on the wrong side of the law there in a domestic violence case and was charged.

He pled guilty to a misdemeanor charge of domestic violence and was sentenced to time served.

Governor Lolo filed a request for extradition of Tuatoo and he was returned to the territory in July of 2018.

Tuatoo, was one of the three co-defendants police arrested on the morning of Nov. 9, 2017 when armed detectives of the DPS Vice & Narcotics Unit executed a search warrant on two homes — one in Taputimu, the other in Alofau — and on a taxi on the main road, suspected to contain illegal drugs.

Cody Wood was arrested from his home in Taputimu, while Tuatoo was arrested from his home in Alofau. The third co-defendant, Taisia Lemalie, a taxi driver was arrested on the road when detectives pulled over his vehicle and served him with a copy of the search warrant.

Confiscated items found during the arrest of all three co-defendants included a large quantity of meth, with an estimated street value between $50,000 and $55,000; marijuana with a street value between $20,000 to $25,000; 3 guns (12-gauge shotgun, 357 magnum, and a pellet gun — all fully loaded); 144 bullets for the 357 magnum; various stolen items; and drug paraphernalia.

Cash of $54,003 was confiscated from the home in Taputimu, in addition to $459 found on Wood.

Co-defendant Taisia was sentenced to 5 years probation and was ordered to depart the territory and remain outside of its border for the duration of his probation. Based on court records, Taisia left the territory after serving his period of detention.

Co-defendant  Cody Wood, was also sentenced to 5 years probation.