Pago Pago, AMERICAN SAMOA — A 30-year-old man who was convicted of receiving stolen items has been sentenced to two years probation.

Taaloga Vaili, also known as Faiva Taaloga was initially charged with one count of conspiracy to steal, a class C felony, punishable by imprisonment up to 7 years, and a fine of up to $5,000 or both; however, under a plea agreement with the government, Vaili pled guilty to the amended charge of receiving stolen property, a class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $1,000 or both.

With his guilty plea, Vaili admits that on Jan. 30, 2020, he received property that was stolen from a store in the Tafuna area.

During sentencing last week, Vaili apologized to the court for his actions and asked for a second chance to continue caring for his mother and young children, who were in court.

The defense attorney said Vaili is a first time offender and asked for a probated sentence without any jail time. He said his client has spent almost 7 months at the Territorial Correctional Facility (TCF), and he lost his job as a result.

The government’s attorney did not oppose the defense's request for probation, saying the 7 months Vaili spent in jail is more than enough punishment for his actions.

The Court agreed.

The court noted that the defendant had no prior criminal record in High Court, only a few appearances in District Court. “We do note Mr. Vaili that in 30 years you have managed to keep yourself away from violating the law, until this recent violation when you hung around with the wrong people, or with some other kind of influence which is something you need to address to make sure you don’t repeat it,” the Court said.

Vaili was sentenced to 12 months in jail. Execution of the sentence was suspended and he was placed on probation for two years under the condition that he remains law abiding, and pays a fine of $1,000 and restitution of $89.

ASOVALE FAUMUI

A 24-year-old man who was convicted of stealing was released from custody last week, after the High Court determined that the 10 months he served at the Territorial Correctional Facility (TCF), to await sentencing, was enough.

Asovale Faumui, under a plea agreement with the government, pled guilty to the amended charge of stealing, a class C felony, punishable by not more than 7 years imprisonment, and/or a fine of not more than $5,000.

With his guilty plea, Faumui admits that sometime during January last year, he misappropriated property that belonged to another person.

During sentencing, Faumui apologized to the government, the court, and people of American Samoa for his behavior and asked for forgiveness.

“I didn’t mean to break the law; unfortunately, I made a mistake and I can't take back what happened. This is coming from a man who is truly remorseful. I promise I will never do any stupid thing like this again. Please, I want to go home to my family,” Faumui said.

His father and his grandmother, both present in court, were in tears when Faumuina apologized.

Deputy Public Defender Rob McNeill asked the court to give Faumui another chance. He said his client is only 20 years old, very immature, and he has advised him to think about his future.

Defense attorney said his client is a suitable candidate for probation. The prosecutor echoed the statement.

The court said that while Faumui is young, the pre-sentence report shows that he's had a prior run-in with the law.

“At the time it seemed minor and the punishment that was ordered in those cases also seemed minor… now you’re in the big league, so the offenses are no longer considered minor, and the punishment will no longer be minor, and you ought to keep that in mind as you go forward,” the court told the defendant.

Faumui was placed on probation for 5 years under certain conditions. He has to remain a law abiding at all times, visit the probation office once a month, and serve 12 months at the TCF.

“You will be credited the 10 months you have already served; the balance of 2 months will be stayed as long as you comply with all conditions of your probation,” the court told Faumui, who was also ordered to pay a $500 fine within 4 months, and secure gainful employment.

SENE TAULAGO

A 42-year-old man who is accused of stealing checks from a businessman and forging his signature has pled guilty.

Sene Taulago is charged in two separate cases.

In the first case, he is charged with stealing and fraud, both felonies. For the second case, he is charged with stealing, resisting arrest, third degree assault, and trespass.

Under a plea agreement, Taulago pled guilty to forgery, a class C felony; and resisting arrest, a class D felony. The remaining charges were dismissed.

Taulago admits that on or about May 28, 2020, he signed a check from Jen’s Store in Tafuna without the owner’s permission. He further admits that he forged the signature of the owner of the store on the check, and pretended he was the owner.

For resisting arrest, Taulago admits that on May 28th, he ran away from police when they stopped by his mechanic shop to arrest him.

The court accepted Taulago’s guilty pleas and he has been remanded back to custody to await sentencing, set for October of this year.