Former police officer involved in inmate escape sentenced to time served

Pago Pago, AMERICAN SAMOA — A former police officer accused of permitting an inmate to leave his cell to go visit his girlfriend, and then staging his bed to make it appear as if the inmate was sleeping was sentenced to time served, which was 72 days, as a condition of his 5-years probation.

Tuluiga Richard Salanoa, who works as a certified diver for a private company that maintains American Samoa Telecommunication Authority’s (ASTCA) fiber optic cable, was told by Associate Justice Fiti Sunia that the court feels that he has something of worth to offer the community.

Salanoa, represented by Assistant Public Defender, Rob McNeill, appeared in High Court last week for sentencing. Prosecuting the case was Assistant Attorney Laura Garvey.

Salanoa was originally charged with permitting escape and concealing an offense — both class D felonies, punishable by 5 years imprisonment, a $5,000 fine or both for each count.

However, in a plea agreement with the government, accepted by the court in February of this year, Salanoa pled guilty to the offense of permitting escape.

Salanoa apologized to the court for what he did and humbly requested another chance to continue his service to his country through his new career as a certified diver for a private company by which he is able to care for his family. He told the court that he’s truly remorseful for his action and asked for forgiveness.

Defense attorney, McNeill told the court that since his client was released from custody after posting a $10,000 surety bond, he has taken his career to another level by entering into training to become a certified diver for a private company that is doing maintenance work for the ASTCA fiber optic cable.

McNeill said that his client is an U.S Army veteran, a first time offender and a former police officer who worked hard to serve the community, however, his mistake cost him his job as a police officer after he offered help to an inmate who wanted to go home to visit his girlfriend.

The defense also reminded the court that since his client was released on bond, he never missed any of his hearings nor violated any conditions of his release on bond. His offense was not violent and nobody was hurt when he committed this crime. For all these reasons, McNeill asked the court for a probated sentence without any additional period of detention. He further stated that his client is a suitable candidate for a probated sentence.

The prosecutor echoed the defense’s submission and the recommendation by the Probation Office. She said the government fully supported the fact that the defendant is truly remorseful and what happened was a one-time action.

Before the court deliberated on its decision, Sunia wanted to know more about the defendant’s current job as a certified diver for a local private company.

After a brief communication between the defendant and his attorney, McNeill informed the court that according to his client, he, along with other local certified divers do maintenance undersea jobs for the fiber optic cable.

McNeill further stated that immediately after his client was released on bond awaiting the outcome of this case, he applied for this job and he got it — after going through some hard tests and training for many months.

Before delivering his decision, Sunia recapped the facts of the case. According to the court, the inmate involved in the defendant’s offense, not only has a history of escape from confinement but also has been accused in many assault cases including the more serious offense where he escaped from confinement and allegedly shot a man at his home in Leone almost two years ago.

As for the defendant, the court believes that he has a remarkable background and he also was a productive member of society before he was arrested for this “odd isolated incident”.

Sunia told McNeill that the court disagrees with his submission that defendant’s action was not violent. He said that escapee had potential to commit violence, so the defendant’s action was violent.

Salanoa was sentenced to 5 years imprisonment and a $3,000 fine. Execution of imprisonment was suspended and defendant was placed on probation for 5 years, subject to several conditions.

He was ordered to serve a period of detention of 20 months. He was credited for the 72 days served during his pretrial detention and the balance was deferred based on the defendant’s good behavior.

Defendant was also ordered to pay the $3,000 fine within one year.

“Mr. Salanoa, we think that you offer this community something worthy. The value you have now can be lost tomorrow if you fail to comply. So, don’t disappointed his panel,” Sunia told Salanoa.

Chief Associate Judge Mamea Sala Jr and Associate Judge Tunupopo Alalafaga Tunupopo assisted Sunia on the bench.

FACTS OF THE CASE

According to the court, Salanoa allegedly permitted inmate Manu Lefatia to walk out of the holding cell in Fagatogo last year to visit his girlfriend for an hour. He told investigators that “I felt sorry for him (Lefatia) and that's why I allowed him to go see his girlfriend." The incident happened on Mar. 3, 2019, when Officer Salanoa was assigned to guard the THC. He was scheduled for the morning shift, from 6a.m. - 2p.m. but he overlapped into the night shift, from 2 p.m. - 10 p.m. He tried to take the next shift also, but a fellow cop told him to go get some rest, as he had worked two straight shifts.

It was during an inspection of the cells, inmate Lefatia was discovered "missing".

Higher ups in DPS were notified of the situation.

Cops positioned at the entrance/ exit of the THC, saw Lafatia when he returned. When asked where he had been, Lefatia pointed towards the mountain and said, "Up there… visiting family." During a body search, cops found a phone concealed under Lefatia's boxers, "secured to his body by a flexible/elastic band/wrap."

Capt. Supapo is said to have approached Salanoa and asked how Lefatia "went missing" under his watch. Salanoa responded that he knew when Lefatia left, as he let him go because he felt sorry for him — “…an act of kindness”.

According to Salanoa's statement to investigators, the reason why he did what he did, was because he was "just tired of everything." He said he knew that letting Lefatia out "would be wrong," but he isn't the type of person to judge others.

Salanoa denied taking an alleged bribe of a $100. He said his financial situation has been "rough" as he got out of the Army Reserve last June and his wife had not been employed until late last month, so the financial burden of their family all fell on him.

When asked why Lefatia was permitted to have a cell phone, when DPS policy strictly prohibits any inmate from having a phone, Salanoa told police that "he did not see any harm in it" as Lefatia uses the phone to watch videos.