Man who gave weed to a high school student is ordered to depart AS

Pago Pago, AMERICAN SAMOA — The 27-year-old man who was convicted of giving marijuana cigarettes to a high school student was ordered by the court to immediately depart the territory, and remain outside of its borders for the duration of his probation term, which is 12 years.

Tavita Mariota, who has been in prison since his arrest last May, appeared in High Court last week for sentencing and a disposition hearing for violating conditions of his 2013 probation.

He was represented by Public Defender Michael White, while Assistant Attorney General Christy Dunn was prosecuting.

When given the chance to speak, Mariota apologized for violating conditions of his probation, and also breaking the law. He told the court that while he was in custody, he heard the Lord speak to his heart and told him that he needed to grow up and change his life — to become a mature person.

“I want to go back home and care for my elderly mother. I don’t want to stay in prison anymore because… I know it is not a good place for me,” Mariota said with tears in his eyes.

Chief Justice Michael Kruse intervened and asked, “Care for your mother where?”

Mariota replied, “At home.”

Kruse asked, “In which country?” Mariota said here, in American Samoa.

Kruse said that according to the Pre Sentence Report (PSR), prior to his arrest, Mariota was unemployed for over 4 years.

“How are you going to care for your elderly mother when you were just roaming around and didn’t care to seek employment?” Kruse asked.

Mariota did not respond. He was just sat there with his head down. Kruse said Mariota's unresponsiveness "tells the court that you don’t care and that’s why you violated conditions of your probation.”

Mariota said he’s truly remorseful for what he did and he takes full responsibility for his actions. He said if the court gives him another chance, he will seek employment and do everything to change his life, to be useful to his elderly mother and his family.

His attorney said he keeps telling Mariota that he needs to change his childish behavior and start being on his own, instead of depending on his elderly mother.

White then asked the court for probation, to allow his client a chance to change his life and become a man. According to White, his client has a problem with illegal drugs and he has already advised him to change his old habits and attitude.

A recess was called.

When court reconvened, Kruse delivered his decision on Mariota’s disposition hearing.

He explained that the disposition is not to revoke probation, but to add another condition. And that condition, according to Kruse, is that the defendant is to depart the territory and remain outside of its borders for the remainder of his probation term, which is 7 years.

He will be only released to a Probation officer, to be transported to his port of departure, once he has a return ticket to Samoa.

For the new case, in which Mariota was convicted of aiding and abiding a minor to unlawfully possess a controlled substance (marijuana), he was sentenced to five years imprisonment.

Execution of the sentence is suspended and Mariota is placed on probation for five years, under the condition that he depart the territory and stay away for the entire duration of probation.

According to Kruse, the defendant’s sentence will run consecutively with his previous probation term of 7 years — meaning he is to remain outside the territory for a total of 12 years.

A copy of the court’s judgement is to be given to the Chief Immigration Officer (CIO) to ensure the defendant’s name is included on the lookout list.

“…Immigration needs to make sure he does not set foot in this territory during his probation,” Kruse told the prosecutor.

BACKGROUND

Mariota was among four men sentenced to 28 months imprisonment back in July 2013, after they were convicted of having sexual intercourse with a 13-year-old girl.

Mariota, and his three co-defendants, were each convicted of sexual assault, a class D felony. The incident had to do with a Lupelele Elem. School student who went to school with 'love bites' on her neck.

The victim told police that she had engaged in sexual intercourse with the four defendants, at different times, from August 2011 to April 2012. All 4 defendants, including Mariota, admitted to having sex with the minor.

For his new case, a high school student caught smoking marijuana on campus told police that Mariota gave him marijuana cigarettes to smoke and sell at school for $5 a piece.