Pago Pago, AMERICAN SAMOA — A man convicted of receiving stolen property was released from jail last week after the court decided that the 154 days he served at the Territorial Correctional Facility (TCF) was enough for his actions.
Tafaevalu Kipasa Mano, who has been in custody since his arrest appeared before Associate Justice Fiti Sunia last week for sentencing. He was represented by Assistant Public Defender Ryan Anderson while prosecuting the case was Attorney General Laura Garvey.
Mano was initially charged with one count of receiving stolen property, a class C felony, punishable by a term of imprisonment of up to 7 years, a fine of up to $5,000, or both.
However in a plea agreement with the government, accepted by the court in November of last year, Mano pled guilty to the amended charge of receiving stolen property, a class A misdemeanor, punishable by a term of imprisonment of up to one year, a fine of up to $1,000, or both.
By his guilty plea, Mano admits that some time in September of last year, he used his vehicle to drive a man with a stolen big fine mat to sell it to another man. The man with the stolen fine mat was Edward Eary, a.k.a “EJ”, one of the three co-defendants in this case.
TERMS OF THE PLEA AGREEMENT
According to the terms of the plea agreement, the defendant admitted to his role in the crime that was reported to Leone Police Substation (LPS) on July 6, 2020 by a man from Leone regarding an apartment he owns in Leone that had been ransacked and burglarized by some unknown individuals.
Police investigation disclosed that at an unknown date and time, the owner of the apartment, on behalf of the tenant, owner of the items, said the apartment was allegedly broken into by unknown individuals, who allegedly stole several items, including a 40-inch black Samsung Smart television; Cannon Rebel T-6 camera set; Nike running shoes; Sketchers running shoes, two Samoan fine mats, a laptop and several other items.
The victim in an interview with police told them he had no idea who committed the burglary. Police then turned to neighbors to gather more information, including taking a woman and her son to the LPS for questioning. The son was interviewed in the presence of his mother.
The son shed light on the burglary by being able to identify two of the men allegedly involved in the incident. One of the men was called Valu, who was later identified by investigators as Tafaevalu Kipasa Mano, the defendant in this matter.
When asked about the matter, Mano said that he and the other man EJ had known each other since they were young and continued to be friends.
Mano said on Sunday, July 6, he received a call from EJ asking for a ride to Mapusaga to drop off “ie toga” at his uncle’s house and he would pay for the gas. He stated that he went with EJ and some other kids to drop off the fine mats in Mapusaga, where a transaction transpired — a man took the fine mats and gave EJ $100. EJ then gave him $20 for gas. Later on that day, EJ came by his house and gave him some other items.
THE SENTENCE
When given the chance to address the court, Mano apologized for his action and immediately asked for a second chance to return home to be with his father. He told the court that he made a terrible mistake, not only did he embarrass his father and his family but his village and church as well.
Mano promised the court that if he was given another chance, he would look for a job to provide financial support for his father and his young siblings. He also said that he would never appear in court in the future, nor would he violate conditions of his probation.
The defense attorney asked the court for a probated sentence without an additional period of detention. He told the court that his client had served 154 days at the TCF.
Prosecutor Garvey agreed with the defense’s submission and told the court that the defendant is a suitable candidate for a probated sentence.
After reviewing both parties submission, along with the Pre Sentence Report (PSR) and the defendant’s statement, the court agreed.
Considering the facts of the case, the court stated that according to the PSR, the defendant’s only involvement in this case was that he used his vehicle to drive another man with a stolen fine mat to sell it to another person. After the transaction, the defendant only received $20 for his role in this matter.
Mano was sentenced to 5 years imprisonment. Execution of the sentence was suspended and the defendant was placed on probation for 5 years subject to the usual conditions. The defendant was ordered to seek employment and stay away from the other two co-defendants in this case.
The balance of the period of detention was stayed until further order of the court.
Comments
Sorted by BestComments are powered by Disqus. By commenting, you agree to their privacy policy.
Powered by Disqus