Pago Pago, AMERICAN SAMOA — A woman convicted of assaulting her husband and threatening him with a machete was sentenced by the High Court earlier this week to 5 years probation.

The defendant, a 29-year-old mother, appeared in Court Tuesday morning for sentencing, after she was convicted of 2nd- degree assault, a class D felony, punishable by a term of imprisonment of up to five years, and/or a fine of up to $5,000.

The defendant apologized to the court for her action and tearfully begged the court for another chance to allow her to return back home to be with her family especially her young children. She also apologized to her husband for what she did.

Defense attorney, Michael White asked the court to adopt the recommendation in the plea agreement and sentence his client to a term of probation. White said his client is truly remorseful and she wants to go back home to provide for her young children and assist her husband in caring for their family.

The government’s attorney, Angela Drummond agreed and asked the court for a probative sentence.

Acting Associate Justice, Elvis P. Patea informed the defendant that the crime she’s being convicted for is a class D felony, which carries a maximum penalty of up to 5 years in jail and or a fine of up to $5,000.

However, if she commits the same offense involving domestic violence within the time of her probation, the penalty will be one class higher.

The defendant was sentenced by the court to 5 years probation under the condition that she serves 20 months at the Territorial Correctional Facility without any release. She will be credited for over 9 months she served while awaiting the outcome of her case. The balance will be stayed until further order of the court and the defendant was released forthwith after she was sentenced.

The defendant was also ordered to attend and complete the Battering Intervention and Prevention Program coordinated by the Department of Human and Social Services.

The defendant was further ordered to remain law abiding, visit the Probation office once a month and not consume alcohol or possess any illegal drugs. She also was ordered to submit herself for random testing to make sure she is in compliance with orders of the court.

The court advised the defendant that if she violates any of these conditions, no matter how strongly her husband asks the court to release her back home, she will be locked up at the TCF or ordered to find another place to stay until this matter is resolved.

BACKGROUND

On Oct. 28, 2021, police officers responded to a call from a woman in Tafuna claiming that a couple was fighting at their house and the woman was walking around the house with a machete.

Cops arrived at the scene and transported the couple to the Tafuna Police Substation (TPS) for further investigation.

Cops learned from bystanders that the husband was the victim and the wife, the defendant. Witnesses told cops that the wife assaulted her husband and threatened him with a machete.

The husband told cops that his wife assaulted him and then threatened him with a machete. Luckily, nobody was hurt and the defendant never used the machete to harm her husband.

The defendant refused to make a statement to cops after she was Mirandized.