Pago Pago, AMERICAN SAMOA — The Court advised a man during his sentencing not to hide behind his sick mother and grandfather. If he wants a second chance, persuade the court he deserves it. Furthermore, the court advised him that if he doesn’t change his old ways, he will be back in court soon for the same offense.

This was the message from the court during the sentencing of a 40-year-old man convicted of unlawful possession of a controlled substance, to wit; marijuana.

Apelu Valoia, who has been in custody since his arrest on Apr. 29, 2020 unable to post a $5,000 surety bond, was initially charged with unlawful possession of a controlled substance — methamphetamine and marijuana — both felonies, punishable by a term of imprisonment of not less than five years nor more than ten years, and a fine of not less than $5,000 nor more than $20,000 or both, for each count.

Under a plea agreement with the government last month, Valoia pled guilty to the marijuana charge and the remaining meth charge was dismissed.

During sentencing, Valoia apologized to the court and begged for another chance to return home to care for his sick mother and grandfather. The defendant told the court that prior to his arrest, he was the one who took care of his grandfather and mother, who is a stroke victim.

He told a long story to the court about his service to his family and how he ended up doing drugs on the road. Valoia stated to the court that before his father passed away in 2016, he promised him that he would take good care of his sick mother and his elderly grandfather, who is blind.

He worked hard everyday as a mechanic to provide for his family including his young siblings who depended on him. His wife left him four years ago and moved off-island with another man. Then everything changed in his life when he started to hang out with the wrong crowd in the middle of 2019 and his new friends were involved with drugs.

They started their evening gathering drinking beers until they ended up doing drugs — and this has been going on for almost two years now.

He used most of his money on drugs and alcohol and he started to live apart from his family, neglecting his promise that he would take a good care of his sick mother and his elderly grandfather. He told the court that he’s now realized how bad his decision was and he wants to make changes in his life and start to move on in the future.

Valoia apologized to his family especially his mother and grandfather and promised them that once he is released from prison, he will continue to care for them and everyone in the family. He also promised that he would work hard as he did before to provide for everyone in the family.

Before the court heard final submissions from attorneys on both sides, the court spoke directly to the defendant.

“You are now asking for a chance to go back home to care for your sick mother and grandfather,” the court said to the defendant, who was sitting beside his attorney.

“But the reason you’re in court is because police found you drinking and making noise at a bus stop with some marijuana and a little ice on you. According to the police investigation, you have some drug addiction problems and that is against the law.”

The court told the defendant that It was his own personal choice that brought him to the court and now “you’re pleading with the court to give you another chance so you can go back home and care for your sick family?”

The defendant was told that the court can allow him another chance to go back home but the court is not sure whether he will be going back to his same old lifestyle if the court grants him a second chance. And if he goes back to the old lifestyle and the police find him again with some drugs, the government will again spend its resources to take care of him — in jail.

The court wanted to know how the defendant can make make sure the court is not going to see him again in another 10 years. The defendant did not respond and just sat beside his attorney with his head bowed.

The court told the defendant that the bottom line is, he shouldn’t hide behind his sick mother and grandfather. If he wants a second chance — persuade the court he is ready for change.

Valoia said, “This will not happen again," and he promised never to commit any more crimes in his life.

“I learned my lesson and I want to return back home to care for my family and prove to the court that I can change my life,” the defendant said.

His attorney asked the court to allow his client to return home. He said his client takes full responsibility for his actions and he made an early admission to the crime.

The defense attorney further said his client was convicted for public peace disturbance — a misdemeanor — over ten years ago and since then, he has been a productive member of society, truly remorseful for what he did.

The government’s attorney agreed with the defense that Valoia is a suitable candidate for a probated sentence but he also asked for a period of detention.

When the court asked the prosecutor to define what he meant by a period of detention, given the fact that the defendant has already served 13 months in prison, the government attorney said the government is asking for a period of detention of 20 months.

Sentencing by the court was as follows:

Imposition of the sentence was suspended for five years, and the defendant was placed on probation for five years under certain conditions.

Valoia was ordered to serve a 20-month detention period at the Territorial Correctional Facility (TCF) without release, and throughout the period of probation, he has to remain clean, meaning, no alcohol or drugs in his possession or inside his system. He will be subject to random testing to ensure he’s in compliance.

However, execution of the detention period was stayed until further order of the court, and the defendant was ordered to be released forthwith.

The court ordered the Probation Office to conduct a test on the defendant immediately after the court rendered sentencing, and the defendant is to be tested every week for the next 30-days.

The defendant was reminded that the court can put him away for 10 years, but now the court is giving him a second chance to straighten up his life, and if he violates any of these conditions the court has given him, the court will impose its decision and he will go to jail for up to ten years.

The charges against the defendant stem from an incident that occurred on Apr. 29, 2020 when two police officers responded to a public disturbance incident where three male individuals were fighting at a bus stop in the Tafuna area.

Officers arrived and found Valoia standing on the side of the bus atop yelling profanities to people passing by. The other two male individuals fled the scene before police arrived.

When one of the cops approached Valoia, he easily detected a strong odor of alcohol coming from his breathe. Valoia refused to comply with officers instructions which resulted in his arrest and transportation to the Tafuna Police Substation.

During a body search, per arrest protocol, officers found clear plastic baggies containing meth and another small plastic baggie containing marijuana inside Valoia’s wallet.