Pago Pago, AMERICAN SAMOA — A man convicted of drug possession has been sentenced to probation and ordered to depart the territory after serving 12 months of his 5-year sentence.

Malaki Tanumaleu appeared in court last week for sentencing.

He was initially charged with unlawful possession of marijuana; however, under a plea agreement with the government, accepted by the court, Tanumaleu pled guilty to an amended charge of unlawful possession of a controlled substance (marijuana), a class D felony.

Tanumaleu admits that he had marijuana at his plantation in Futiga when police searched his home.

During sentencing Tanumaleu apologized for breaking the law. He said the 9 months and 2 weeks he’s spent in jail has taught him a lesson.

He said using drugs is not only illegal, it’s also not good for a person like him who came to the territory in search of a good future for his family.

He begged the court for another chance so he can return home to find another job so he can care for his elderly parents, who depend on him financially. Tanumaleu told the court he comes from a poor family who only depends on a plantation to survive.

“I came here to earn a good living for my parents, but it’s sad to see how things ended up like this. What I did was wrong, and I assure the court that if I am given another chance, I will never be in this courtroom again,” said Tanumaleu

Both parties asked for a probated sentence, under the condition that Tanumaleu depart the territory and remain outside of its borders for the duration of probation, due to his illegal immigration status.

The court sentenced Tanumaleu to 5 years at the TCF, and a $5,000 fine. Execution of sentence was suspended and he was placed on probation for the duration of detention under certain conditions.

Tanumaleu is to serve 12 months, and the balance is stayed on the condition that he depart the territory and remain outside of its borders for the duration of probation. He is credited with time he has served in pretrial confinement.

JOSEPH UESELE

The government has charged a 31-year-old man with drug possession, and for trying to break into a store in Malaeimi last month and is now in custody.

Joseph Uesele is charged with unlawful possession of marijuana, and second-degree attempted burglary — both class D felonies; and a class B misdemeanor: public peace disturbance (PPD)

If he is able to post a $5,000 bond, Sefo is not to set foot in the store he allegedly tried to break into. He is also to remain alcohol and drug free, be law abiding, and not leave or attempt to leave the territory without the court’s permission.

The court denied the motion to reduce Uelese’s bond to $2,000.

According to the government’s case, police received information from a man regarding a male who tried to break in to a Malaeimi store on the night of June 23.

Police responded but were unable to locate a suspect. A week later, the same caller contacted police again, telling them the man he saw trying to break into the store was within sight.

When police arrived, the caller pointed to Uelese, who was playing volleyball with some village youth behind a house in Nu’uuli.

Police approached Uelese and asked if he could come with them to the station to discuss an important issue. While speaking to police, Uelese turned and ran to the back of a store. A foot chase ensued.

Uelese was apprehended and transported to the TPS for questioning. Prior to that, a body search netted what appeared to be marijuana inside Uelese’s pants pocket. It later tested positive for THC/ marijuana.

Uelese allegedly told police that the weed was from a friend, who he did not identify.

When asked about the allegation that he attempted to break into a store in Malaeimi, Uelese said he didn’t know anything about it, although he knows the three juveniles who broke into the store and stole food items.

BACKGROUND

In 2015, Uelese was ordered to serve 20 months at the TCF as a condition of a 5-year probation term for a receiving stolen property conviction, stemming from a Tafuna store burglary.

Co-defendants Tafea Milo and Onofia Salapu were in the store with Uelese during the night of burglary. Salapu told police that Uelese went inside the store and came out with a small bag containing $439 cash and food items. Nothing was recovered when police apprehended the men.