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Man sentenced for stealing from his uncle to buy drugs — but it’s too late to apologize

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who stole his uncle’s belongings then sold them to get money to buy methamphetamine (ice) told the court he is truly remorseful for what he did, and he wishes he had a chance to apologize to his uncle and have him forgive him.

Lafoga Tanuvasa who was in custody unable to post bond of $10,000 appeared in court last week for sentencing, during which he told the court that his uncle passed away last year while he was in jail, and therefore he wasn't able to personally apologize to him for what he did.

Tauvasa was initially charged in two separate criminal cases. For the first case, the defendant was charged with unlawful possession of a controlled substance, to wit; methamphetamine, and unlawful possession of a controlled substance, to wit; marijuana — both class D felonies.

The charges stem from an incident that occurred on Dec. 22, 2018 when police found drugs inside Tanuvasa's vehicle and in his possession. A male passenger who was with the defendant when police searched the vehicle, told investigators he went twice with Tanuvasa to Le Aute to buy drugs.

The male passenger further told investigators that Tanuvasa told him he burglarized a home in Kokoland and stole many items including money, jewelry, fine mats, etc, and he sold these items to other people for money. Tanuvasa then used the money to buy drugs.

A week after Tanuvasa was arrested and charged with drug possession, the government filed felony-stealing charges against him in two additional criminal cases.

District Court Judge Elvis P. Patea dismissed one of the two additional cases during Tanuvasa's preliminary examination, but the other case was bound over to the High Court.

For that case, the government accused Tanuvasa of stealing his uncle’s things, such as jewelry, watches, gold necklaces, money, fine mats etc., and selling the items to others for money, which he then used to buy drugs.

Tanuvasa agreed to enter into plea agreements with the government, in both cases.

He pled guilty to unlawful possession of a controlled substance, to wit; methamphetamine in the first case, and guilty to stealing in the second case.

With his guilty pleas, Tanuvasa admits that on Dec. 22, 2018, detectives of the DPS Vice and Narcotics Unit stopped his vehicle in front of a store in Nuuuli. The government claimed Tanuvasa had an active arrest warrant from 2016 for a stealing case, and that was the reason why police stopped his vehicle that day. Methamphetamine was discovered upon search of the vehicle.

(The 2016 stealing case against Tanuvasa was dismissed by the court last year pursuant to a motion from the government)

Tanuvasa further admits that he stole his uncle’s belongings and sold them to his friends to get money to buy drugs from Le Aute.

When given a chance to address the court, Tanuvasa expressed remorse for his actions and begged for a second chance to return home to care for his family. He told the court he wants to change his life.

“I also want to apologize to my uncle and his children for stealing his stuff. He passed away in May of last year in Hawai’i while I was in jail. Even though God called my uncle, I want to say to him, that I am sorry for what I did and please forgive me. I want to go back home and be of use to my family and find a job to provide for my wife and four young children,” Tanuvasa continued.

His attorney told the court that Tanuvasa was involved with people who deal with drugs and sometimes they would push him to get money to buy drugs. The worst part of the story is that, his client turned to his own family and stole stuff from his own uncle, selling his things to get money to buy drugs.

“My client’s meth addiction problem destroyed his life and even caused a problem inside his family,” defense attorney said. He then asked the court for a probated sentence, to allow his client to attend a drug abuse-counseling program to help with his addiction.

Prosecutor echoed defense attorney’s submission for a probated sentence. Prosecutor said the government believes the defendant is truly remorseful for what he did and he is a suitable candidate for a probated sentence.

The government’s attorney said all of the defendant’s cases are connected to his drug problem, and the government feels the nearly 14 months Tanuvasa has already spent in jail is sufficient.

The prosecutor did ask the court to order Tanuvasa, as a condition of his probation, to seek and obtain gainful employment.

“Your drug addiction drove you to steal from your own family, which is the worst thing you could do,” the court told the defendant.

For unlawful possession of methamphetamine and stealing, the court placed Tanuvasa on probation for 5 years, under certain conditions, which include serving 20 months at the TCF without any release, except for medical purposes or by an order from the court.

All but 14 months of the jail term is stayed, meaning Tavuvasa will be released this month.

Upon release from the TCF, Tanuvasa is to seek, obtain, and maintain gainful employment within 60 days. He is to remain alcohol and drug free, and submit to random testing.

“If you fail to comply with any one of these conditions, you will be brought back to court and you will be ordered to serve the remaining period of your detention,” the court told the defendant.