Man pleads guilty to reduced charges in domestic abuse; he will serve time

Pago Pago, AMERICAN SAMOA — A 48-year-old man from Nu’uuli convicted of assaulting his partner is going to jail. Absalom Fanene was ordered by the court to serve 20 months at the Territorial Correctional Facility (TCF).

Fanene, who has been in custody since his arrest in May of this year, appeared in Court yesterday for sentencing.

In a plea agreement with the government, accepted by the court last month, the defendant, pled guilty to 3rd- degree assault in the first case and 2nd- degree assault in the second case, with all remaining charges dismissed.

With his guilty plea on the 3rd- degree assault charge, the defendant admits that on Dec. 29, 2019, his girlfriend woke him up which made him mad. He then assaulted her using his fist and a stick.

For the charge of 2nd- degree assault, a felony, the defendant admits that on Apr. 10, 2022 he assaulted his girlfriend by hitting her with a stick.

The defendant apologized to the court for his actions and asked for a second chance. He also apologized to the victim and her family, along with his family.

Both prosecution and defense recommended a  probated sentence.

After reviewing facts of the case, submissions by counsels and the defendant’s statement, the court delivered its decision.

For the charge of 2nd- degree assault, the defendant was sentenced to 5 years probation subject to the usual conditions, including a period of detention of 20 months at TCF. However, the court reduced his detention period to 12 months and he was credited for the 196 days he already served during his pretrial detention. The 8 months remaining will be stayed for good behavior.

For the crime of 3rd- degree assault, the defendant was sentenced to 6 months probation to run concurrently with the 2nd- degree assault. Providing good behavior is maintained, Fanene will be release from custody on Apr. 19, 2023.

BACKGROUND

According to the government’s case, it was on Dec. 29, 2019 when a woman from Malaeimi contacted the Tafuna Police Substation (TPS) and requested police assistance regarding her boyfriend who assaulted her at home. The victim requested immediate response since the suspect was still at the home.

Medical assistance to treat the victim’s injuries was requested, after which the victim was transported to the TPS for questioning.

According to the victim’s statement, she was assaulted by the defendant in anger because she did not have food on hand for him to eat when he asked her for it.

The defendant also took her cell phone so that she couldn’t contact the police for assistance. It was when the defendant went to the bathroom that she was able to escape the house and use a friend’s phone to contact the police.

The victim stated that she feared for her life and that this is not the first time the defendant had abused and assaulted her. She said she was ready to file a complaint and press charges against him.

When officers went to arrest the defendant, they found he had fled the scene. He was not apprehended until May of this year, more than two years after the incident.