Ads by Google Ads by Google

One man escapes having his probation revoked after court hearing— another does not

Court Report logo
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man who is on probation was ordered by the court last month to serve out the remaining 10 months of a 20-month sentence from a 2019 case. The decision came after the court found Onosa’i in violation of conditions of his 5-year probation.

Onosa’i was found guilty by the District Court in January of this year of disturbing the public peace and subsequently sentenced to 92 days in jail — that was the amount of time he served while awaiting his sentencing.

He appeared in High Court last month for a hearing after he failed to comply with conditions of his probation from a previous conviction.

Onosai’s defense attorney informed the court that District Court sentenced his client to time served, after he was convicted of disturbing the public peace, and the remaining charges of third-degree assault and resisting arrest were dismissed as part of a plea agreement with the government.

The defense attorney asked the court to modify the conditions of probation to allow Onosa’i to return home and continue to be a law-abiding citizen.

Although he was convicted of disturbing the public peace, the defense attorney told the court there was no alcohol involved when police arrested his client.

The government’s attorney agreed, but she emphasized the seriousness of the defendant’s actions, when he resisted arrest.

The court reminded Onosa’i that one of the conditions of his 5-year probation from three years ago was that he serve 20 months at the TCF.

“The court then ordered you to serve only 10 months in jail, and the balance of 10 months was stayed, based on your good behavior," the court continued. "The court urges you to comply with all other conditions of your probation, including being a law-abiding citizen.”

The judge said the court believes revoking Onosai’s probation is not necessary at this time, and he will be given a chance to straighten out his life. The court then modified the conditions of his probation, and ordered him to serve the stayed period of detention — that of 10 months.

ASOVALE FALAO

After the Court sentenced Asovale Falao five months ago to 28 months in prison, as a condition of a 7-year probation term for embezzlement, he once again appeared in Court last month for a Probation Revocation hearing due to another conviction.

The hearing was called by the Probation Office, which accused Falao of not complying with conditions of his probation handed down by the Court two years ago — he was convicted of driving under the influence (DUI). One of the conditions of his 7-year probation required him to be a law-abiding citizen.

During the hearing before the court last week, the defendant admitted that he made a terrible mistake and he is remorseful. He asked the court for forgiveness and a second chance.

The court reminded the defendant that during all three times he has appeared in District Court for DUIs, the court has always given him probated sentences, with deferred detention periods.

The court told the defendant that he has no more chances right now. The court then revoked his probation and ordered that all periods of detention that were deferred to be served immediately.

Neither of the attorneys knew exactly the amount of detention periods the court deferred for the defendant. But the court ordered that whatever the number is, the defendant has to serve it all, and it will run concurrently (at the same time) with the sentence that was handed down by the High Court two months ago.

The court also reminded the defendant that because he has been convicted three times of DUI, his privilege to drive in American Samoa was suspended for life a few years ago. And that decision is still valid.

MALAKI FALE

A man accused of assaulting another man with a sharp object has entered into a plea agreement with the government.

Malaki Fale, who has been in custody since his arrest last year appeared in court last month for his Change of Plea (COP) hearing.

Fale was initially charged with a class A felony first-degree assault, which carries a punishment of life imprisonment or at least 30 years in jail. But under a plea agreement with the government, Fale pled guilty to the lesser felony of second-degree assault, punishable by a term of imprisonment of up to 5 years, or a fine of up to $5,000, or both.

With his guilty plea, Fale admits that on Jan. 30, 2021 in Vaitogi, he stabbed the victim two times with a sharp piece of metal, causing severe injuries to him.

According to terms of the plea agreement, the charges against Fale stem from an incident where he stabbed another man with a sharp piece of metal after the victim assaulted his 18-year-old nephew during a volleyball game.

Fale was at work when his nephew was assaulted by the victim at the volleyball court. At night, Fale went to the victim’s house to question him about the incident where he assaulted his nephew.

During the confrontation of words, the victim punched Fale in the face before he ran to the back of his house.

Fale then ran fast toward the victim and punched him in the face causing the victim to fall on the ground and hit his head on a rock.  He then grabbed a sharp piece of metal lying in front of the victim’s house and stabbed the victim two times in the back and his shoulder.

Sentencing is scheduled for June this year and Fale is still in custody, unable to post his $35,000 surety bond.