Man from Samoa convicted of sex crimes ordered to depart territory

Pago Pago, AMERICAN SAMOA — A 21-year-old man from Samoa has been sentenced to 48 months imprisonment — as a condition of a 7-year probation term — for having a sexual relationship with two minor children in October 2017.

However, the detention period was suspended and the defendant is ordered to depart the territory immediately.

Fuavaa Ah Chong, who has been in custody since his arrest in October 2017, appeared before Judge Elvis P. Patea yesterday morning for sentencing. He was represented by Assistant Public Defender Rob McNeill while prosecuting the case was Assistant Attorney General Christy Dunn.

Ah Chong was initially charged in two separate cases. In the first case, Ah Chong was charged with 2 counts of 1st degree sexual abuse; 2 counts of deviate sexual assault and rape, all felonies, along with a misdemeanor count of endangering the welfare of a child.

In the second case, he was charged with rape, sexual assault, and 2 counts of 1st degree sexual abuse, all felonies, and one count of endangering the welfare of a child, a misdemeanor.

But under a plea agreement with the government, which was accepted by the court in December 2018, Ah Chong pled guilty to deviate sexual assault in the first case, and 1st degree sexual abuse in the second case. The remaining charges were dismissed.

When given the chance to speak, Ah Chong apologized to the court and the American Samoa Government for his actions.

“I’m a bad person and I know that my actions were not according to the law,” Ah Chong said, adding his months in jail was an ordeal and he’s learnt his lesson. He then asked the court for a second chance so he can return to Samoa, to care for his family.

Defense attorney McNeill asked the court to adopt the Probation Office’s recommendation, and sentence his client to 7 years probation, with the condition that he depart the territory.

McNeill said his client has shown true remorse, and he has spent over 13 months behind bars, awaiting his sentence. The defense attorney asked the court to sentence his client to time served without any additional period of detention.

Prosecutor Dunn said the government has already entered into a plea agreement with the defendant, and they will leave sentencing up to the court. Dunn echoed McNeill’s submission to adopt the Probation Office’s recommendation.

Before delivering his decision, Patea wanted to know who had the defendant’s travel documents. Ah Chong said the Immigration Office has his passport.

McNeill informed the court that his client can make arrangements for travel; however, Patea intervened and told McNeill that under immigration laws, travel arrangements including the defendant’s return ticket are the sponsor’s responsibility.

According to Patea, Ah Chong entered the territory on a 30-day permit in October 2017. Before his entry permit expired, Ah Chong engaged in two separate sexual relationships with two different minors. As a result, he was arrested and charged.

For the crime of deviate sexual assault, Patea sentenced the defendant to 7 years imprisonment. For the crime of 1st degree sexual abuse, the defendant was sentenced to 5 years imprisonment. The two sentences will run consecutively, meaning, the defendant will serve 12 years at the Territorial Correctional Facility (TCF).

Execution of sentence is suspended, and the court placed the defendant on probation for 7 years under certain conditions.

Ah Chong was ordered to serve 28 months for deviate sexual assault and 20 months for 1st degree sexual abuse: a total of 48 months, as a condition of his 7-year probation without any release whatsoever, except for medical checkups or by order of the court.

However, the court ordered that Ah Chong be credited for time served, which is 13 months. The balance of the defendant’s detention period will be stayed, and the court ordered that he immediately depart the territory and remain outside of its borders for the entirety of his probation.

Ah Chong was also ordered to register as a sex offender, and undergo HIV testing as required by statute.

Patea ordered that a certified copy of the court’s judgement be served to the Chief Immigration Officer to ensure that the defendant’s name is on their lookout list.