Pago Pago, AMERICAN SAMOA — A Chinese woman has been sentenced before the High Court to serve 20 months for the death of a two-year old baby girl.

Acting Associate Justice Elvis Patea handed down sentencing in this case yesterday.

Public Defender David Vargas says his client truly regrets that this happened and is living with consequences that a life was lost.

“She is truly sorry for what happened.”

Pastor Aifa Tanuvasa of the Assembly of God church in Fagaima spoke on behalf of the defendant as a character witness.

Tanuvasa apologized for what happened and while nothing can be changed over what happened, given that life of a child is lost; however he noted that the defendant attends the Chinese AOG branch.

He pleaded with the court to consider a second chance for the woman before the court.

Ms Chen pleaded with the court for a second chance yesterday, which was translated by a Chinese translator sworn before the court.

“I apologized for what happened to the child and I regret what I did.”

The mother of the victim also took the stand. “As I hear her (defendant’s) apology, [it] is quite painful and her apology saying sorry will not bring back my child.

“I have forgiven her, but she still has to pay, I want my daughter to receive justice.

“I would like to point out that she has never apologized to me or my family neither did she provide any form of assistance.

“I don’t want anything from her, it is certain that my child will never return but she still has to pay,” said the victim’s mother.

Prosecutor Angela Drummond stated the defendant fell asleep at the wheel and the issue is that a life was lost.

“It was the responsibility of the driver to make sure she was safe on the road and that it’s her responsibility ton be was able to operate her vehicle the way that it should be operated and that responsibility was breached.”

Justice Patea stated that a child has been killed. “We now have parents that no longer have that child in their lives.”

The mother took the stand and implored the court that the defendant must pay for her actions.

“This is a criminal proceeding and the court will look at the appropriate disposition like any other criminal case where death has occurred and that will involve punishment for the crimes committed and also making restitution if appropriate.”

Patea pointed out the court was unclear as to what the victim’s mother said about “making the defendant pay, but restitution in these types of proceedings is to be reimburse expenses or out of pocket payments.

“It is not a substitute for the loss of human life.”

He said any compensation sought for the loss of human life can be entertained in the other court by way of a civil lawsuit.

Chen was sentenced to 12 months in jail and a $1,000 fine for count of third-degree assault, that will be served and paid forthwith.

“For homicide by vehicle is a class d felony we will sentence you to five years imprisonment and $5,000 fine and that fine will be paid forthwith.”

However the execution of the five-year jail term will be stayed and she is placed on probation for five years with the conditions that she remain a law abiding citizens; and her privileged to drive is permanently revoked.

She is also to serve 20 months in jail as part of her probation, which is to be served concurrently.

While she is in jail, she cannot be granted trustee status. After serving 20 months she was ordered to leave the territory for the term of her probation.

The incident occurred on Apr. 14, 2021. Police received a call for assistance from Nu’uuli  after a vehicle ran into a family home there. The witness informed police that Ms Chen walked away from the crash.

The victims were later identified as a 30-year-old mother and her two young daughters — a 2-year-old and a 11-month-old.

Police observed the 2-year-old girl right underneath the vehicle’s front tire, facing downward. The young girl was presumed dead after an initial observation by the officers, and given the condition of the accident scene.

“One eyewitness told investigators that immediately after the crash, she saw an Asian female hop out of the vehicle’s driver-side and quickly got a child out of the back seat and immediately left the scene of the accident in a rush. She appeared to be running and limping off heading toward the main road.

“Another eyewitness told investigators that she was shocked when she saw the vehicle run into the house.”

After collecting information from several eyewitnesses about the identify of female individual who was last seen at the scene, investigators searched the area looking for the main suspect in this matter.

“The suspect was later located hiding inside a restaurant, located not far away from the crash scene. She was immediately apprehended.”

Ms Chen told police she fell asleep at the wheel and the vehicle ran off the dirt road and crashed into the home.

“She claimed that she mistakenly pressed the accelerator pedal instead of the brake pedal and she fled the scene, because she was scared that someone might hurt her.”