Pago Pago, AMERICAN SAMOA — After the High Court sentenced Sefulu Maifea last Friday to 28 months at the Territorial Correctional Facility (TCF), as a condition of a 7-year probation term for embezzlement, he once again appeared in District Court yesterday morning for a Probation Revocation hearing due to another conviction.

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

During the hearing before Judge Fiti Sunia yesterday, Maifea admitted that he made a terrible mistake and he is remorseful. He asked the court for forgiveness and a second chance.

Judge Sunia reminded Maifea 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.

“You have no more chances right now. The court revokes your probation and orders that all periods of detention that were deferred will be served immediately,” Sunia told Maifea.

Neither of the attorneys knew exactly the amount of detention periods the court deferred for the defendant. But Judge Sunia ordered that whatever the number is, the defendant has to serve it, and it will run concurrent with the sentence that was handed down by the High Court last week.

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

“You are no longer allowed to drive any vehicle in the territory, for the rest of your life,” Sunia told Maifea.

FERETI FA’AVAE

A 42-year-old man accused of using a sharp weapon to cause head injuries to a juvenile has pled guilty in court.

Fereti Fa’avae was initially charged with felony first degree assault, punishable by life in prison or at least 30 years in jail; but under a plea agreement with the government, the defendant pled guilty to second degree assault — still a felony — but punishable by no more than 5 years imprisonment, or a fine of not more than $5,000 or both.

With his guilty plea, Fa'avae admits that sometime on July 14, 2017 he caused serious injuries to another man by using a rock to hit him on the head several times. Fa’avae remains in custody at the Territorial Correctional Facility (TCF).

His plea bargain with the government was announced in open court on Sept. 15, 2017, but it was under advisement until Nov. 20 last year.

On that day, Fa’avae appeared in court but his case was postponed until a later date, after the court ordered the government to consult with the victim’s family about the plea bargain.

When Fa'avae’s case was called last week, Chief Justice Michael Kruse wanted to know from the government whether they had consulted the victim’s family about the plea agreement, and if the family agreed to its terms.

Prosecutor Woodrow Pengelly said the government did consult the victim’s family and they had agreed to all the terms and conditions of the plea.

After hearing this, Kruse accepted the defendant’s plea of guilt, and scheduled sentencing for next month.

ALEMA FETUAO

The government has charged Alema Fetuao with public peace disturbance, and Judge Sunia says the defendant needs to find a way to address his alcohol problem.

During arguments regarding the defendant’s bail, the judge pointed out that it’s clear from court records that Fetuao has appeared in court since 2010 on cases stemming from alcohol use.

Fetuao was taken into custody last week after family members contacted police for help because the defendant was intoxicated — he was causing trouble and swearing at neighbors and others.

A neighbor told police that he got into an argument with the defendant, “who was drunk” and started swearing profanely, according to the court affidavit which also notes that Fetuao claimed the neighbor “is stupid” and he is not afraid of anyone and is not afraid to beat anyone up.

As Fetuao was being transported to the main DPS Fagatogo station, cops noticed a “strong odor of alcoholic beverage emitting” from his breath and clothes. Additionally, Fetuao had to be assisted into the police station because he could barely stand up, let alone walk.

During the booking process, the defendant responded with “slurred speech” and sometimes struggled to answer questions. He was released on his own recognizance.