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Two TCF escapees already serving long sentences appear in court

American Samoa High Court building
One appeared for sentencing, the other for a change of plea hearing
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Two of the five inmates who escaped from the Territorial Correctional Facility (TCF) while serving their period of detention from previous convictions appeared in High Court last week for their hearings before Chief Justice Michael Kruse.

Falaniko Fetoa’i who is serving a 10-year sentence for an assault conviction appeared for sentencing while Elliott Siaumau Jr appeared for a Change of Plea (COP).

Assistant Public Defender Ryan Anderson appeared for both defendants while prosecuting the case is Assistant Attorney General Kristine Soule’.

FALANIKO FETOA’I

Defendant Falaniko Fetoa’i appeared for sentencing after being convicted of escape from confinement. He admitted that on Oct. 19, 2019 while serving a 10-year sentence from an assault conviction, he left TCF without authority.

Defense attorney Anderson asked the court to be lenient with his client and asked to let any period of detention the court will impose for this case to run concurrently with the sentence his client is currently serving at TCF.

Anderson told the court that his client was on his way back to TCF when police found him. Furthermore, Anderson also told the court that he received letters from the TCF Chaplain and Watch Commander showing support for his client saying that Fetoa’i is a good person who is a good example to young people inside TCF.

Anderson said that his client is truly remorseful for his action and he takes full responsibility for what he did.

Prosecutor Soule’ did not agree with the defense’s submission for a light sentence. She recommended to the court a 5 years sentence to run consecutively with the sentence the defendant is serving at TCF.

Kruse asked the defendant whether he used the front door to escape or the backside. The defendant replied that he used the back fence.

The court suspended sentencing for a period of five years and during that time the defendant shall remain law abiding while serving his detention at TCF.

The court told the defendant that for the five years, there shall be no more back wall exits and he must comply with all of the conditions the court gave him during sentencing in 2019.

The court also made it clear to the defendant that if he fails to comply with any of the conditions the court gave him within the 5-year period, he would be brought back into court to be sentenced — and that’s when he will see whether his sentence will be concurrent or consecutive to the detention he’s currently serving.

BACKGROUND

The defendant was sentenced by the High Court in 2019 to serve 10 years behind bars after being convicted of two counts of 2nd degree assault — a class D felony.

His conviction stemmed from an incident that happened on Nov. 28, 2017 when a fight broke out at a residence in Pago Pago between the defendant and another man, after the defendant refused to move his vehicle, which was blocking the entrance to the family’s security gate.

When cops arrived, a crowd had formed in front of the home, and there was a female — one of the victims — lying on the sidewalk.

According to a witness, a truck that was in front of the victim’s home had backed up on to the main road quickly, and then swerved back on to the sidewalk at a high speed, heading towards a crowd of people.

This was followed by a loud bang, along with yelling, screaming, and cussing coming from the crowd. The witness recognized the driver as Fetoai.

Police proceeded to Fetoai’s home in Leloaloa where Fetoai was in the process of rallying up family members to return with him to Pago to continue the fight. Police say Fetoai reeked of alcohol and he refused a Breathalyzer.

The fight between Fetoai and the victim’s husband had escalated towards the main road, and jumping into a his family vehicle Fetoai sped on to the sidewalk and struck the female victim so hard that she fell back a couple of feet. The victim was unconscious and bleeding from the mouth.

The second victim tried to jump out of the way, but his left arm was struck by Fetoai's truck, causing the left side of his face to hit the front part of the truck’s hood.

He said when he got up, he noticed the female victim on the ground, and Fetoai's truck never stopped but instead, drove off at full speed, as if he purposely meant to hit them.

ELLIOTT SIAUMAU JR

Elliott Siaumau Jr, a man from Vaitogi with a lengthy criminal record — serving a period of detention of 15 years behind bars — appeared in High Court last week for a change of plea hearing.

Siaumau Jr pled guilty to the charge of escape from confinement, a class D felony, punishable by a term of imprisonment of up to five years, a fine of up to $5,000 or both.

With his guilty plea, Siaumau Jr admits that on Oct. 19, 2019, he left the TCF compound without permission or authority of the court while serving his period of detention of 15 years.

According to the government’s case, Siaumau Jr, along with his brother, Thomas, Gabriel Tinae, Falaniko Fetoa’i and Pati Lepou escaped from TCF on the night of Oct. 19, 2019.

The government stated that several TCF officers who were on duty during the time of the alleged incident. According to one TCF officer, it was during head count that he realized that five inmates were missing from their cell. All five were housed in Bravo Unit in ‘cellblock #18’.

As TCF officers conducted a search inside the TCF compound around 10:24p.m, they were shocked to see that four inmates enter the compound through the main gate. They were: the Siaumau brothers, Tinae, and Lepou.

Elliott Jr was the first to enter through the front gate and he headed straight to the main office. He was searched for contraband before he was taken back to his cellblock. Nothing was found on him.

A few minutes later, the other three inmates: Thomas, Lepou and Tinae entered the main gate and made their way to the main office. They too were searched for contraband and nothing was found on them. As the TCF officers escorted the four inmates back to their cell, they saw Fetoa’i coming from a dark area inside the TCF compound. Fetoa’i was not inside the cell during head count but was seen walking from a dark area inside the TCF compound.

When questioned by police, Siaumau Jr verbally stated that he walked out through the front gate and all the way to his house in Petesa, in search of his brother, Thomas. Unable to find Thomas, Elliott Jr said he was dropped off by a vehicle in front of the TCF gate and walked right through the front gate.

Thomas, Tinae, and Lepou refused to make a statement to police.

BACKGROUND

Siaumau Jr was sentenced to served 15 years at the TCF after being convicted of resisting arrest and two counts of 1st degree property damage — all class D felonies, punishable by term of imprisonment of up to five years, a fine of up to $5,000, or both.

Siaumau Jr admits that on Apr. 21, 2017 he went to the Leone Substation to pick up his son who was involved in a fight with students from Leone HS. He further admits that cops tried to stop his vehicle on the main road in Futiga so they could take his son to the police station for questioning; however, he didn’t stop — instead, he continued to drive home to Vaitogi, thus resisting arrest.

Siaumau Jr. further admits that on Apr. 24, 2019, he damaged a vehicle belonging to another man by smashing the windshield with a hard object, thus committing first degree property damage. According to Siaumau Jr., he became upset after the victim failed to pay him the money he owed.

Also in April of 2019, Siaumau Jr. admits that he damaged yet another vehicle, belonging to a different victim, by shattering the window of the driver’s side with a tool — thus committing first degree property damage.