Court says probation is not working so man jailed for 5 years — straight time

Pago Pago, AMERICAN SAMOA — A 44-year-old from Nu’uuli with a long history before the court was ordered to serve an imprisonment of 5 years, after he was convicted with the crime of 2nd degree assault.

Taai Taufete’e, who has been in custody since he was arrested in 2019, unable to post bond, appeared in High Court before Associate Justice Fiti Sunia last week for sentencing.

Taufete’e was initially charged with one count of 1st degree burglary, one count of 2nd degree assault, and one count of trespass, all felonies, along with one count of 3rd degree assault, a class A misdemeanor, however, under a plea agreement with the government, accepted by the court in January of this year, Taufete’e pled guilty to 2nd degree assault, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both.

With his guilty plea, Taufete’e admits that on July 2019, he assaulted a female victim and as a result, the female sustained injuries.

When given the chance to address the court, Taufete’e apologized for his action and begged the court to return home to care for his parents and his family. He told the court that he’s truly remorseful for what he did and he now realizes that violating the law of the land comes with severe consequences.

Taufete’e told the court that he wanted to change his life and the only way to become a new person is to be with his family, spend the remaining days of his life serving his parents, church and village and to seek and secure gainful employment to earn a living.

Defense attorney, Ryna Anderson asked the court to adopt the recommendation by the Probation Office and sentence his client to a probated sentence. Anderson believes that his client is a suitable candidate for a probated sentence, given the fact that he served almost 20 months at the Territorial Correctional Facility (TCF) while awaiting the outcome of his case.

Despite his long criminal history before the court, Anderson told the court that his client is truly remorseful for his action and wanted to go back home to be with his family.

The prosecutor echoed Anderson’s submission for a probated sentenced, however, she pointed out to the court how serious the defendant’s action was when he committed the crime. The government attorney feels that a further period of detention would be a good lesson for the defendant and prompt him to think twice about his family and himself before he does anything like that.

Before the sentence was delivered, the court reminded the defendant of his criminal record and the many chances the District Court gave him every time he appeared for sentencing, and he has a long criminal history before the District Court, including violating conditions of his probation.

The court also told the defendant that based on the Pre Sentence Report (PSR) prepared by Probation, the defendant’s three prior probations were revoked by the court for in non-compliance with conditions of his probation. His period of detention ranged from 120 - 360 days.

For this matter, the defendant served 19 months and 25 days at the TCF while awaiting the outcome of his case.

After reviewing all facts of the case, including submission by counsels, the PSR and the defendant’s submission, the court feels that another probated sentence for the defendant will be a waste of time. He had been given numerous opportunities by the court and it appeared that he doesn’t care nor does he listen to the court.

The court believes that probation is not working for this individual. The defendant was then ordered to serve a period of detention of 5 years without any release whatsoever, a straight sentence.

Chief Associate Judge Mamea Sala Jr and Associate Judge Tunupopo Alalafaga Tunupopo assisted Sunia on the bench.

BACKGROUND

On July 28, 2019, Taufete’e was sentenced to a period of detention of 120 at the TCF as a condition of a 24 months probation.

Taufete’e was initially charged with 7 misdemeanor charges, however under a plea agreement with the government, Taufete’e agreed to plead guilty to the charge of public peace disturbance (PPD) and endangering the welfare of a child. In return for his guilty plea, the government agreed to dismiss the five remaining charges against the defendant, including 2 counts of 3rd degree assault; endangering the welfare of a child; trespass and resisting arrest; all misdemeanors.

The government claimed that on June 2, 2018 in Nuuuli while he was intoxicated, the defendant engaged in threatening behavior against some young children in the village. He also threatened to harm one child from another family in the village. Taufete’e was arrested on the day of the incident.

Both parties argued for a probated sentence without any additional period of detention beyond the 42 days the defendant had already served while awaiting the outcome of his case, however, the court did not agree. The court stated that Taufete’e was on probation when he committed this crime in June 2, 2018, and his new action showed that he doesn’t respect what the court told him not to do when he was placed on probation for 12 months.

“This is not the first time this defendant has appeared in court. He was convicted for public peace disturbance pursuant to a plea agreement, and the two counts of DUI were dismissed. He was sentenced to 12 months probation in May, 2018. One month later, he re-offended, and now, you’re asking the court for an 18 months probation,” Sunia told the government and sentenced the defendant to 24 months probation.