Rapist sentenced to 28 months and probation
Pago Pago, AMERICAN SAMOA — A man who unlawfully entered a house at night and attempted to rape a 15-year-old girl last year was sentenced to 28 months in prison, as a condition of a 7-year probation sentence.
William Otto, 24, was initially charged with second-degree burglary and first-degree sexual abuse — both class C felonies. However, under a plea agreement with the government, the defendant pled guilty to second-degree burglary and the amended count of third degree attempted sexual abuse, a class A misdemeanor.
With his guilty plea, Otto admits that last year, he unlawfully entered a home during nighttime hours and once inside, he headed to the room where the 15-year-old victim was sleeping, with the purpose of having sex with her.
The victim screamed when she felt somebody touching her body, and this alerted her family and caused Otto to flee the scene, running for his life as the victim’s family members were chasing him.
During sentencing, Otto apologized to the court for his actions and begged for a second chance to return home to care for his parents and his family.
“I feel I made a mistake and I am truly remorseful for what I did," he said, adding that he wants a chance to change his life and be a better person.
He promised never to take part in such actions again, and said he will use the remainder of his life to do good things for his family, his church, and his village.
Acting Public Defender Michael White, Otto's attorney, said that after spending more than eleven months behind bars, his client has learned a lesson; he realizes that prison is not a good place for him, and he needs to move on with his life.
White told the court that Otto has an alcohol problem, and he needs to attend and complete a specialized program so he can turn his life around.
Assistant Attorney General Robert Morris supported White’s argument, saying the government believes Otto is a suitable candidate for a probated sentence.
He however reminded the court that Otto entered the room and tried to have sex with a 15-year-old girl while she was asleep. He pointed out that there were other children in the room when the defendant entered.
Acting Associate Justice Elvis P. Patea told Otto he needs to stop consuming alcohol and/or illegal substances if he wants to change his life.
The court sentenced Otto to an imprisonment term of 7 years for second-degree burglary, and 1 year for third degree attempted sexual abuse.
His sentences will run concurrently, meaning at the same time. However, execution of the sentences are suspended and he is placed on probation for 7 years, under the condition that he serves 28 months in jail without release, except for medical reasons or an order of the court. His time already served is counted towards his jail sentence.
He is also ordered to remain a law-abiding citizen, report to the probation office once a month upon release, and not possess or consume alcohol at any time. He is to submit to random alcohol and drug testing and he is not to make any contact with the victim or her family.
Under the law, he must register as a sex offender.
ALESANA TAVITA
The 36-year-old man from Tafuna accused of using a rock to assault another man has been arrested and charged with second degree assault, a felony; and two misdemeanor charges: unlawful use of a weapon and public peace disturbance.
The charges against Alesana Tavita stem from an incident that occurred last week in Tafuna, during which he allegedly used a rock to assault and severely injure another man.
According to the police report, Tavita and the victim had gotten into a disagreement, whereas the victim allegedly attempted to assault Tavita; but when he failed to do so, Tavita turned around and assaulted the victim with a rock.
Tavita made his initial appearance in the District Court last week, where he waived his right to a preliminary examination hearing.
His next court appearance is today at 9:00 a.m. in High Court, where he is expected to enter a not guilty plea to the charges.
Tavita’s attorney, Assistant Public Defender, Ryan Anderson, asked the court for a reduction in bail — from $5,000 to $1,000. Anderson told the court that Tavita is a hard-working man, and he is the only member of his family who works to provide for his wife and two children. Anderson said his client is not a flight risk; he has no intention of leaving his family.
Prosecutor Bianca Lherison opposed the motion, saying the bail set by the court is the right amount for the offense.
The defense's motion was denied and bail remains at $5,000; and because he is unable to post bond, Tavita remains in custody at the TCF.
FALANIKO MAIAVA
During his initial appearance in District Court this week, 21-year-old Falaniko Maiava pled not guilty to two misdemeanor counts of stealing and public peace disturbance. He was released on his own recognizance to await another court appearance, scheduled for next month.
Maiava is accused of stealing a bag containing carpentry equipment from the bed of a pickup truck two weeks ago in Tafuna. A tax driver, whose taxi was in the area where the alleged incident occurred, witnessed the matter and quickly reported it to police, who were able to apprehend the defendant, who allegedly had the bag with him.
According to court information, police could smell alcohol on the defendant when he was taken into custody. Under conditions of release set by the court, the defendant is prohibited from consuming alcohol and he is to remain a law-abiding citizen.