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Man who failed to pay restitution for stolen tools back in court

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Says he couldn’t find a job to pay it
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who was ordered to pay $1,545.24 restitution for the tools he stole from his neighbor, is asking the court to give him 6 months to pay it in full. Shawn Siai appeared in court last week for an Order To Show Cause (OSC) hearing, for failing to comply with conditions of his 7-year probation that was handed down in 2017 for a stealing conviction.

Conditions of probation include: restitution, a $1,000 fine, finding a job, and monthly Probation visits. But according to Probation, Siaki has only paid $350 of his fine and $540 in restitution. Siaki told the court he didn't pay the full amounts because he was unable to find a job. He said he was hired by a local construction company in 2019 but was terminated 5 months later after the company owner found out he was convicted of stealing.

Siaki said he used some of the money he earned in that 8 months to pay part of his fine and restitution, and the rest went to feeding his family and his elderly mother, who passed away last year. He begged the court to give him another 6 months to pay off the balance. He said he has a plantation and its been 2 months since he started selling taro, banana, and vegetables at the market.

The court has granted Siaki’s request and given him 8 months to pay his fine and restitution. Siaki was reminded that once the court revokes his probation, he will have to serve the suspended period of imprisonment, which is 7 years.

Under a plea agreement, Siaki pled guilty to stealing, a class C felony, and the remaining charges of first degree burglary, trespass, and third degree property damage were dismissed. He was sentenced to 7 years and a fine of $1,000. But execution of sentence was suspended and he was placed on probation for 7 years, subject to conditions. He was to serve 28 months; however, he only served 14 months and the balance was suspended.

Siaki burglarized the home of his neighbor in Tafuna. He damaged the back door, entered the home late at night, and stole several power tools that were in the garage.