Taxi driver sentenced to probation for receiving stolen goods

Pago Pago, AMERICAN SAMOA — A 39-year-old taxi driver who was convicted of receiving stolen goods has been sentenced to 2 years probation.

Malaki Tuinei was initially charged with one count of conspiracy to steal, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both; however, under a plea agreement with the government, Tuinei pled guilty to the amended charge of receiving stolen property, a class A misdemeanor, punishable by a jail term of up to one year, a fine of up to $1,000, or both.

With his guilty plea, Tuinei admits that on Oct. 30, 2017, he received from someone, property valued at less than $100 that was stolen from T&J Minimart in Tafuna.

During sentencing, Tuinei apologized for his actions and asked for a second chance so he can continue caring for his mother and young son, who were both in court yesterday.

Defense attorney Rob McNeill said Tuinei is a first time offender and he asked the court for a probated sentence without any period of incarceration. He said his client spent almost 5 months at the Territorial Correctional Facility (TCF), and he lost his job as a result.

Prosecutor Doug Lowe did not oppose the defense's request for a probated sentence, saying the 5 months Tuinei spent in jail is more than enough punishment for what he did.

The court agreed, and noted that Tuinei has no prior criminal record in High Court, only a few appearances in District Court.

“We do note Mr. Tuinei  that in 39 years you have managed to keep yourself away from violating the law, until this recent violation when you hung around with the wrong people, or with some other kind of influence which is something you need to address by yourself, to make sure you don’t repeat it,” Associate Justice Fiti A. Sunia said.

Tuinei was sentenced to 12 months in jail; however, execution of the sentence is suspended and he is placed on probation for 2 years under the condition that he remains law-abiding, and pay a fine of $1,000 and restitution of $95.83

BACKGROUND

Tuinei used his vehicle to pick up two men who stole items from T&J Minimart in Tafuna on  Oct.30, 2017 and transported them to Vaitogi.

After he dropped the two men off, he received some of the stolen items as payment for his service.