Pago Pago, AMERICAN SAMOA — A man convicted of physically abusing a young child was released from custody yesterday morning after the Court decided that the 12 months he served during his pretrial detention while awaiting the outcome of his case is enough detention in this matter.

There is a condition to his release: He must seek gainful employment within 45 days as a condition of his 5-year probation. If he fails to find employment within this time period, he will be arrested and transported back to the Territorial Correctional Facility (TCF) to serve the remaining period of 20 months detention.

Akapo Seuseu, who has been in custody since his arrest last year, appeared before the Acting Associate Justice Elvis P. Patea yesterday morning for sentencing. Associate Judges Faamausili Pomele and Muasau Tasina Tofili assisted Patea on the bench.

Seuseu was initially charged with domestic violence —  a class D felony, along with 3 other misdemeanor charges involving domestic violence.

However, under a plea agreement, approved by the Court two months ago, he pled guilty to the charge of abusing of a child, a class D felony, punishable by a term of imprisonment of up to 5 years, a fine of up to $5,000, or both.

By his guilty plea, Seuseu admits that sometime in the beginning of last year he assaulted his nephew out of anger. He admitted he hit the boy and kicked him before he pushed him down on the ground.

According to the government, the victim sustained serious head injuries and bruises all over his body.

When given the chance to address the court, Seuseu apologized for his actions and asked the court for forgiveness, saying that he was very intoxicated on the day of the crime and he’s sorry for his actions.

He further asked the court for a second chance to return back home to care for family members, as he’s the only child. He also stated his uncle is very sick and he’s unable to provide any physical assistance for the family.

The defense attorney asked the court to adopt the recommendation by the Probation Office mentioned in the Pre Sentence Report and sentence his client to probation.

In delivering his decision, Patea told the defendant the crime he’s convicted of is very serious and he can spend the next 5 years of his life behind bars if he doesn’t listen to the court.

Seuseu was sentenced to 5 years imprisonment. Execution of sentence was suspended and he was placed on probation for 5 years subject to several conditions.

He must serve 20 months at the TCF. All but 8 months was stayed and Seusue was ordered to serve only 12 months. He will be credited for the 318 days he already served during his pretrial detention.

He’s ordered to pay a fine of $2,000, however, the court is going to suspend the full amount of the fine, based on his good behavior. The court also ordered Seuseu to attend alcohol abuse counseling coordinated by the Department of Human and Social Services.

He shall refrain from consuming any alcohol or possess illegal drugs at any time. He must submit himself to test for alcohol and illegal drugs.

The court made it clear to Seuseu that if he failed to comply with any of the conditions given to him, there will be no more discussion or second chance, but he will transported straight to the TCF to serve the suspended period of imprisonment, which is 5 years.