Pago Pago, AMERICAN SAMOA — A man convicted of punching the cashier of a store in Amaluia, before taking off with $500 cash in December of 2019 was released from custody this week after he served more than what the court ordered him to serve as a condition of probation.

Tauilevanu Mose, who came down from Alaska to spend Christmas and New Year with his family in American Samoa in 2019 before heading back to Alaska never made it back, after he was arrested on this matter.

Mose, who has been in custody since his arrest, unable to post a $25,000 bond appeared in High Court this week for sentencing. He was represented by Public Defender Michael White while prosecuting the case was Assistant Attorney General Kristine Soule’.

Mose was initially charged with one count of first-degree robbery; one count of stealing — both felonies; and third degree assault, a class A misdemeanor.

But according to a plea agreement with the government, also accepted by the court in February of this year, Mose pled guilty to the charge of stealing, a class C felony.

By his guilty plea, Mose admits that on the night of Dec. 12, 2019, he stole merchandise from a store in Amaluia worth over $100 after he assaulted the storeowner. Mose further admitted that he also stole $500 cash from the same store before he fled the scene before police arrived.

When given the chance to address the court, Mose apologized to the victim for his action and begged for forgiveness. He also apologized to the government and the court for violating the laws of the land, and said the time he had spent at TCF has given him a chance to built a strong relationship with his Savior Jesus Christ and he learned his lesson.

Mose promised the court that if given a second chance, he will be a changed person and utilize the opportunity to become a good person.

Both parties recommended probated sentences with the government asking the court for restitution in the amount of $500.

The court delivered its decision after they deliberated on the matter.

After reviewing the report by the Probation office, the defendant’s statement and submissions by both parties, the court agreed Mose is a suitable candidate for a probated sentence.

Mose was sentenced to a term of 7 years imprisonment. Execution of the sentence was suspended and the defendant was placed on probation for a period of 5 years subject to several conditions.

He shall remain law abiding and visit the Probation office once a month or as the office instructs him. He shall refrain from consuming alcohol or illegal drugs and he shall submit himself for testing to make sure he’s in compliance with this order of the court.

He shall serve 20 months at the Territorial Correction Facility (TCF). He will be credited for the 28 months he already served while he was in custody.

The court ordered that Mose be released from custody forthwith because he served more time than what the court ordered him to serve.

He shall pay a fine of $2,000 and restitution of $500 within the first 12 months of his probation.

In response to a court question, Mose said he’s planning to return back to Alaska after he’s done with this case.

The court has set a Status hearing within 4 months, which is Aug. 25 to see how Mose is doing with his probation and payment of fine and restitution, however, if he’s able to made his payment in full before the hearing date, the court orders Mose’s defense’s attorney to file that with the court.

BACKGROUND

On the night of Dec. 12, 2019, the owner of a store in Amaluia called police, saying a male stole $500 from her store.

The storeowner told police that while she was counting her money, getting ready to close the shop, an unknown male walked in, grabbed a beer from the fridge, and walked towards her. She said she asked him for ID to verify his age but the male shoved her, causing her to fall down while he took off on foot. The woman said she got up, called out to her husband, and went outside looking for the man.

According to her, the suspect was nowhere to be found, and he had taken off with $500 cash from the store. The defendant was seen on the store’s surveillance camera grabbing the money from under the table, after he shoved the victim, who did not sustain any physical injuries. He was later identified from the camera footage by two men from the village.

Cops picked him up and took him in for questioning, where he described the incident to police.

“As I was walking towards the cashier, someone was pushing my heart and said, do it right now before it’s too late. Push her and take everything and go,” according to Mose’s verbal statement to police.

Mose told police he did it because he needed money to buy food for himself and his family. He said that after he took the money, he went to a nearby bush and hid $380 and took only $120.

He added that after he left the scene, he ran into a friend (unknown individual he refused to identify), who gave him a cellphone he used to call a taxi. He was picked up by a cab and went to Mesepa, bought some groceries, and then headed back home.

Officers went to where Mose said he hid the rest of the money. The search was unsuccessful, the money was never recovered.