Pago Pago, AMERICAN SAMOA — The two men charged in the death of a man in Taputimu in 2020, have been sentenced to seven years at the Tafuna Correctional Facility.

Aperaamo Tonia and Ofisa Malo were initially charged with second-degree murder but they struck a plea bargain with the government and entered guilt pleas to manslaughter, a lesser charge.

Sentencing in this case was handed down last week by Associate Justice Fiti Sunia.

Tonia was sentenced first. His defense lawyer, Public Defender David Vargas said this is Tonia’s first offense and resulted in a  tragic incident.

He also pointed out the victim was the instigator in this matter. Considering the circumstances, the defense asked to place the defendant on probation; and he took responsibility and furthermore asked the court for a second chance.

Tonia did not wish to speak before his sentence was handed down.

Justice Sunia pointed out that Tonia and his co-defendant assaulted the victim who slapped the defendant after asking for money.

 “According to the doctor, the victim suffered severe head and brain injury and nasal bone fracture.”

The defendant was on probation for a juvenile matter when the incident occurred. He completed probation on June 12, 2020 and this incident occurred February 17, 2020.

“It was a few months our from completing probation for stealing. He may not have a prior record, but he was in the court system.

 “The defense argues that this was reaction to the initial slap that the defendant received from the victim.

 “Self defense is measured against what is reasonable and that may be the case, but the defendant took the first swing and stomped the victim.”

Justice Sunia further noted that kicking, stomping and punching the victim who suffered severe injuries “is way beyond reasonable” for self defense.

He said a life was lost, an individual was beaten left under tree in the dark night and the defendant and co-defendant went home without calling the police or 911 for assistance.

 “When the beating commenced beyond the initial slap and continued for minutes, in our estimation, the defendant has progressed from self defense to something far worse” and there was no regard for the victim’s life.

 “Life didn’t matter, we don’t think probation” is suitable said Sunia.

Tonia was sentenced to seven years, and a fine of $5,000.

In the case of Malo, Sunia said the circumstances of this matter was that he accompanied Tonia and participated in the beating of the victim.

 “According to the pre-sentence report the defendant was with Aperaamo Tonia and when the victim slapped Mr Tonia on facial area, Mr Tonia then punched the victim who fell and it was that point the defendant joined in the stomping, kicking and punching the victim who was then left under a tree.”

Mr Malo, was unauthorized to be in American Samoa and he was here on a 30-day permit which was long expired before the incident occurred.

 “The defendant and Mr Tonia proceeded to beat this man to his ultimate death.”

Malo was also sentenced to seven years in jail and ordered to pay a fine of $5,000.

Sunia said the traditional apology in this case is considered but it is up to the discretion of the court.

The defendants are credited for time served.

BACKGROUND OF THE CASE

According to court records, the case against the two men came to light when the Tafuna Police Station received a call from a witness that a body was on the side of the road in Taputimu.

Witnesses told police that the victim was last seen standing on the side of the road talking to two young men in the same area where his body was later found, taken to the hospital and died a few days later, due to the severity of the injuries.

Other witnesses informed police they saw the victim arguing with two young men in their early 20s.

According to the defendant’s statements to police, they were on their way home after when they came across the victim, who called out to them and asked them if they had a lighter.

The defendants responded and continued walking when the victim ran towards them and told them to stop and asked for money. The defendants told the victim they didn’t have any money, but the victim walked over to Malo and reached inside his pocket and pulled out $5.

According to the government, Malo got mad and asked the victim to give back his money. Instead of returning the money to Malo, the victim allegedly punched Malo on the face and they fought.

That’s when Tonia jumped in and threw his punches at the victim; and both Malo and Tonia allegedly assaulted the victim by throwing punches to his facial area, causing the victim to fall down on the ground.

Out of anger, both suspects continued to assault the victim by punching him and kicking him in the facial area and his back.

When investigators informed Malo and Tonia that the victim was now deceased, both suspects broke down into tears and told investigators that they had no intention of killing the victim. They were just responding to his violent actions against them.