No 420 holiday in American Samoa

Pago Pago, AMERICAN SAMOA — It was during sentencing that the court advised a man not to hide behind his sick father and sister — If he wanted a second chance. This was the message from the court during the sentencing of a 42-year-old man convicted of unlawful possession of a controlled substance, marijuana.

Vala’au Faatoia, who has been in custody since his arrest on Jan. 29, 2021 unable to post a $5,000 surety bond, was initially charged with unlawful possession of a controlled substance — meth and marijuana — both felonies, punishable by a term of imprisonment of not less than five years nor more than ten years, and a fine of not less than $5,000 nor more than $20,000 or both, for each count.

Under a plea agreement with the government last month, Faatoia pled guilty to the marijuana charge and the remaining meth charge was dismissed.

During sentencing, Faatoia apologized to the court and begged for another chance to return home to care for his sick father and sister. The defendant told the court that prior to his arrest, he was the one who took care of his father and his older sister, who is a stroke victim.

He told a long story to the court about his service for his family and how he ended up doing drugs on the road. Faatoia stated to the court that before his mother passed away in 2015, he promised her that he would take good care of his sick father and sister. However, it appears at some point things changed and he was arrested for this crime.

He worked hard everyday as a carpenter to provide for his family including his young siblings who depended on him. However, everything changed in his life when he started to hang out with wrong friends in the beginning of 2020 where he joined friends who were involved in drugs.

He used most of his money on drugs and alcohol and he started to live apart from his family, neglecting his promise.

Faatoia apologized to his family especially his father and sister and promised them that once he is released, he would continue to care of them and everyone in the family.

Before the court heard final attorney submissions from both sides, the court asked the defendant some questions.

“You are now asking for a chance to go back home to care for your sick father and sister,” the court said to the defendant, who was sitting beside his attorney.

“But the reason you’re in court is because police found you drinking and making noise at a bus stop with some marijuana and a little ‘ice’ (meth) on you.” According to the police investigation, he was using drugs and that is against the law, the court said.

The court told the defendant that It was his own personal choice that brought him to the court and now “you’re pleading the court to give you another chance so you can go back home and care for your sick family?”

The defendant was told that the court can allow him another chance to go back home but the court is not sure whether he will be going back to the same old lifestyle if the court grants him a second chance. And if he goes back to his old lifestyle and the police find him again with some drugs, the government will spend its resources to take care of him.

The court also wanted to know how can the defendant make sure the court is not going to see him again in another 10 years. The defendant did not respond. He just sat with his head bowed.

The court told the defendant that the bottom line is, he shouldn’t hide behind his sick father and sister. If he wanted a second chance from the court, try to persuade the court so that the court can give him a second chance.

Faatoia said, “This will not happen again," and he promised never to commit any more crimes in his life.

“I learned my lesson and I want to return back home to care for my family and prove to the court that I can change my life,” the defendant said.

His attorney asked the court to allow his client to return home. He said his client takes full responsibility for his actions and he made an early admission to the crime.

Defense attorney further said his client was convicted of PPD — a misdemeanor — over ten years ago and since then, he has been a productive member of society, and is truly remorseful for what he did.

The government’s attorney agreed with the defense that Faatoia is a suitable candidate for a probated sentence but also asked for a period of detention.

When the court asked the prosecutor to define what was meant by a period of detention, given the fact that the defendant had already served 15 months in prison, the government attorney said the government is asking for a period of detention of 20 months.

The imposition of the sentence was suspended for five years, and the defendant was placed on probation for five years under certain conditions.

Faatoia was ordered to serve a 20-month detention period at the TCF without release, and throughout the period of probation, he has to remain clean, meaning, no alcohol or drugs in his possession or inside his system. He will be subject to random testing to ensure he’s in compliance.

Execution of the detention period is stayed until further order of the court, and the defendant was ordered to be released forthwith.

The court ordered the Probation Office to conduct a test on the defendant immediately after the court rendered sentencing, and the defendant is to be tested every week for the next 30-days.

The defendant was told that the court can put him away from the community for another 10 years, but now the court is giving him a second chance to straighten up his life, and if he violates any of these conditions, the court will impose its decision and he will go to jail for up to ten years.

The court also made clear to the defendant that if he fails to abide with conditions given to him, there will be no more discussion for another second chance, but he will face the consequences of his action.

“It’s now up to you Mr. Faatoia to decide which way you want to walk. You asked for a chance and the court is giving you that chance but if you fail, there will be no more chances for you,” the court told the defendant.

The charges against the defendant stem from an incident that occurred in January of 2021 when two police officers responded to a PPD incident where three male individuals were fighting at a bus stop in the Tafuna area.

Officers arrived and found Faatoia standing on the side of the bus stop yelling profanities at passing people. The other two male individuals fled the scene before police arrived.

One of the cops approached Faatoia and easily detected a strong odor of alcohol coming from his breathe. Faatoia refused to comply with officers instructions, which resulted in his arrest and being transported to the TPS.

During a body searched, they found a clear plastic baggy containing meth and a 2 hand-rolled marijuana cigarettes inside his wallet.

BACKGROUND

Faatoia was sentenced to 5 years probation after he was convicted of 2nd-degree assault in 2012 and ordered to serve 20 months at the TCF.

Faatoia’s conviction stems from an incident where he assaulted a man who argued with his mother at the store. Faatoia, who was intoxicated at the time, punched the man in the face before he struck the man’s head with a rock.