Court tells man with long criminal history — probation for you is a waste of time

Pago Pago, AMERICAN SAMOA — A 40-year-old from Malaeimi with a long history before the court was sentenced to a term of probation of 5 years, after he was convicted for the crime of 2nd degree assault.

Reupena Ta’ala, who has been in custody since he was arrested last year, unable to post bond, appeared in Court last month for sentencing.

Ta’ala 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, Ta’ala 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, Ta’ala admits that on May of last year, he assaulted a female and as a result, the female sustained injuries.

When given the chance to address the court, Ta’ala apologized for his action and begged the court to return home to care for his parents and his family. He said he wanted to change his life.

His attorney asked the court to adopt the recommendation by the Probation Office and sentence his client to a probated sentence, given the fact that Ta’ala had served almost 20 months in prison while awaiting the outcome of his case. And, despite his long criminal history before the court, his attorney 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 the defense attorney’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, and that a further period of detention would be a good lesson for the defendant, prompting him to think twice about his family and himself before he does anything like that again.

Before the sentence was delivered, the court reminded the defendant of his long criminal record and the many chances the District Court gave him every time he appeared for sentencing, as well as when he violated 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 non-compliance with conditions. His period of detention ranged from 3 months to one year.

For this matter, the defendant served 14 months and 15 days in jail while awaiting the outcome of his case.

After reviewing all facts of the case, the court felt that another probated sentence for the defendant would be a waste of time, given the numerous opportunities the court gave him, and yet it appears 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 sentenced to a term of imprisonment of 5 years and a $2,000 fine. Execution of prior probation is suspended and Ta’ala was placed on probation for 5 years subject to several conditions from the court.

He is ordered to serve 20 months and was credited for the time he has already served while awaiting the outcome of his case.

BACKGROUND

On Feb. 18, 2019, Ta’ala was sentenced to a period of detention of 90 days at the TCF as a condition of a 24-month probation.

Ta’ala was initially charged with 7 misdemeanor charges, however under a plea agreement with the government, Ta’ala agreed to plead guilty to the charge of public peace disturbance (PPD) and endangering the welfare of a child.

The government claimed that on July 22, 2018 in Malaeimi while he was intoxicated, the defendant engaged in threatening behavior against a family in the village. He also threatened to harm a child from another family in the village. Ta’ala was arrested on the day of the incident.

The court stated that Ta’ala was on probation when he committed this crime in July 22, 2018, and his new action showed that he did not listen to nor respect the court.