Pago Pago, AMERICAN SAMOA — The two men convicted of receiving stolen property from a Tafuna home, Filipo Upuese and Amani Filimaua, have been ordered to serve 20 months in prison, as part of a condition of their 5-year probation terms.

Both men have been in custody since their arrest, each unable to post a $15,000 bond. They appeared in Court last month for sentencing.

Upuese was initially charged with one count of receiving stolen property, a class C felony. But under a plea agreement, he pled guilty to the amended charge of conspiracy to receive stolen property from another person, a class D felony.

With his guilty plea, Upuese admits that on Nov. 18, 2019 he agreed to help Filimaua sell items to a friend in Kokoland, knowing that the items were stolen from a Malaeimi home, and the total value of the stolen items exceeded $100.

Co-defendant Filimaua was initially charged with second-degree burglary, stealing, receiving stolen property, and trespassing.

Under a plea bargain with the government, Filimaua pled guilty to receiving stolen property. The remaining charges were dismissed. Filimaua admits that on the night of Nov. 18, 2019 he took items to a person in Malaeimi, knowing that the items were stolen.

Assistant Public Defender Ryan Anderson represented Upuese and Filimaua while Assistant Attorney General, Kristine Soule appeared on behalf of the government.

Charges against the pair stem from a break-in that occurred in November of 2019 when the victim (homeowner) spent the weekend with his uncle in Tafuna.

When given the chance to address the court, Upuese apologized and begged for a second chance to return home to care for his family. He also apologized to his family, village, and church but did not apologize to the victim.

According to Upuese, the 15 months he has spent in prison has taught him a lesson, and he is truly remorseful and wants to go home to offer his life to God and serve his family.

Filimaua also apologized to the court, his family, and his parents. He, too, did not apologize to the victim. According to him, it was his carelessness and stupidity that pushed him to break the law, and it has cost him many months of his life. He said if given a second chance, he would never appear in court again.

Anderson asked the court to grant his clients another chance, saying Upuese and Filimaua are both young and have a lot to learn in life. He asked for a probated sentence without any additional period of detention.

Soule echoed the motion for a probated sentence, saying that despite being convicted of a felony, both defendants are good candidates for probation. She asked the court to accept the apologies offered, and give both defendants a second chance to rebuild their young lives.

In delivering its decision, the court noted that both defendants are first time offenders; they fully cooperated with the government during the investigation; and they are young and truly remorseful for what they did.

Reading from the Pre-Sentence Report, the court pointed out that the motivation behind the defendants’ actions was the intention to sell the stolen items so they could go and buy beer for themselves and their friends.

The court sentenced Upuese and Filimaua each to 5 years probation, subject to certain conditions. They are to serve 20 months at the TCF; credited for the 15 months they have already served while awaiting the outcome of their case. The balance of detention was deferred by the court. Both defendant were released from custody forthwith after their sentences were announced by the court.

While on probation, the two are ordered to remain alcohol and drug free, and be law abiding, among other things.