No more chances for man after his latest drug conviction

Pago Pago, AMERICAN SAMOA — A 30-year-old man convicted of violating local drug laws while on probation for another drug conviction in 2019 was sentenced by the High Court last week to serve 5 years behind bars.

Acting Associate Justice Elvis P. Patea told the defendant, Fidelis J. Taumalua that the only option the court has is to keep him in jail because he did not learn his lesson when the court gave him a chance a few years back.

Taumalua, who has been in custody since his arrest in August of last year, appeared in Court this past Friday for sentencing. He was represented by Public Defender at the time, Michael White — while prosecuting the case was Assistant Attorney General, Stephanie Rogers.

Taumalua was initially charged with one count of unlawful possession of methamphetamine (meth) and one count of unlawful possession of marijuana, both unclassified felonies, punishable by a term of imprisonment of not less than five years nor more than ten years, and/or a fine of up to $20,000.

However, pursuant to a plea agreement with the government, also accepted by the Court two months ago, Taumalua pled guilty to a lesser charge of unlawful possession of meth, a class D felony, punishable by an imprisonment term of up to 5 years, a fine of up to $5,000, or both.

By his guilty plea, Taumalua admits that on the night of Aug. 27, 2021 in American Samoa, he possessed meth when cops pulled over his vehicle for a traffic violation. As part of the plea agreement, the remaining counts were dismissed by the court.

Taumalua apologized to the court for his action and begged for forgiveness when he was given a chance to address the court. He told the court that he’s truly remorseful for his actions and he wanted to go back home to serve his family and get a job to provide for his mother.

He admitted that he made a wrong decision that night and he’s sorry for his action. Taumalua said the many months he spent in custody while awaiting the outcome of his  case taught him a great lesson.

Both parties asked the court for a probated sentence. However, after the court reviewed all facts of the case, along with the defendant’s statement, attorney’s submission and the report prepared by Probation, the court decided that probation was not appropriate for the defendant.

The court told the defendant that he was given another chance when he appeared before the Court in 2019 for sentencing. However, two years after the court gave him the opportunity he asked for, he committed the same offense.

Taumalua was sentenced to 5 years imprisonment and he will be credited for the 11 months he served while awaiting the outcome of his case.

BACKGROUND

According to the court affidavit, a black truck with no license plate light was stopped by police on the night of Aug. 27, 2021 in the Tafuna area. Fidelis J. Taumalua and another male were in the vehicle. Police discovered that the tag was not assigned to that license plate number. According to dispatch, the license plate in question expired Nov. 2018. Taumalua was cited and the vehicle impounded.

During an inventory of the vehicle, in Taumalua’s presence, a black bag was found in the back seat and a small white envelope was discovered under the driver’s seat. (Taumalua was behind the wheel when the vehicle was pulled over).

Additionally police found 3 empty glass pipes commonly used to smoke meth, in the back seat, along with one small baggie containing green leafy substance.

Cops found in the bag three small stamp-sized baggies containing white crystalline substance along with 1 cut-up straw, also containing white crystalline substance.

Taumalua denied any knowledge of the items in the vehicle or in the black bag.

However, during a body search, 2 cut-up straws both containing a white crystalline substance fell from Taumalua’s pants pocket. He also pulled out a glass pipe containing a white crystalline substance.

Taumalua didn’t have an answer when asked about the baggies and pipe. He just smiled and shrugged. He later admitted that the drugs found on him were his, but he knew nothing about the stuff found in the vehicle.

The white crystalline substances found that night tested positive for meth. The green leafy substance found inside the small baggie tested positive for THC, the active compound in marijuana.

Taumalua, through a verbal and written statement to police, said the drugs found  in the vehicle were there before he got in, and the vehicle doesn’t even belong to him.

Police caught a huge break however, when the passenger with Taumalua changed his statement the next day, telling police that according to Taumalua, the stuff in the vehicle all belonged to ‘Uncle T’, and he needed to get rid of it before something happened.

2019 CONVICTION

Taumalua, who was 27 at the time was sentenced to 5 years probation after he was convicted by the High Court for unlawful possession of meth. As a condition of his probation, he was ordered to serve 20 months at the TCF.

His defense attorney at the time asked the court to uphold the Probation Office’s recommendation for a probated sentence, to give Taumalua another chance to get his life together and find a job to support his parents and family.