Drug defendant gets a break while man convicted of assault will serve time

Pago Pago, AMERICAN SAMOA — A 30-year-old man convicted for violating local drug laws while he’s on probation was given another chance by the court to straighten out his life.

Alapati Pasee, who has been in custody since his arrest last year, unable to post a $10,000 surety bond appeared in court last week for sentencing.

Pasee in a plea agreement with the government, accepted by the court, allows him to plead guilty to a lesser, amended charge, a class D felony punishable by up to 5 years in jail, a fine of up to $5,000 or both.

With his guilty plea, Pasee admits that a glass pipe containing methamphetamine (meth) was found in his possession when police officers searched him during a traffic stop.

He told the court that he’s truly remorseful for his action and wanted to return back home to care for his young family. He stated to the court that the 12 and 1/2 months he spent in jail was a long time for him. He believes he wasted many days of his life in custody due to his carelessness and stupidity. He promised the court that he would not violate any laws of the territory in the future.

His defense attorney asked the court for a probated sentence saying that his client is a suitable candidate for a probated sentencing. The defense attorney told the court that his client was working in his own mechanic shop to provide for his family before he was arrested and charged in this case.

The prosecutor agreed with the defense’s submission and asked the court to sentence the defendant to a term of probation without any additional period of detention.

After considering all facts and submissions from both parties of the case, the Pre Sentence Report (PSR) and the defendant’s statement, the court issued its decision.

For the issue of violating conditions of his 2020 probation while he was on a 24-month probation from a case, which involved domestic violence, the court revoked probation and ordered Pasee to serve 421 days at TCF. He’s credited with the 12 and 1/2 months he’s already served while awaiting the outcome of his current case.

In this new matter, the court sentenced Pasee to a term of probation of 5 years, subject to several conditions with which he must comply, including serving 20 months at the TCF. He will be credited for the 12 and 1/2 months he’s already served. The balance of detention was deferred by the court based on the defendant’s good behavior.

He is also ordered to pay $1,000 and secure gainful employment.

“Pasee, fixing cars on the side of the road is not considered gainful employment, so go and work for somebody else,” the court advised the defendant.

VALASI UATISONE

A young man who assaulted another man by punching him in the face and kicking him multiple times while he was on the ground was sentenced last week to 24 months behind bars.

Valasi Uatisone under a plea agreement with the government, accepted by the court, pled guilty to third-degree assault and third-degree property damage, each punishable by imprisonment of up to one year, a fine of up to $1,000 or both. The remaining charges were dismissed.

Uatisone admits that on July 12, 2021 he and his friend assaulted the victim, who had joined their drinking session at Uatisone’s home.

When cops tried to place him under arrest, Uatisone refused to have his hands cuffed. He walked away from officers and also damaged the victim’s iPhone valued at over $100.

Uatisone apologized to the court and begged for a second chance, saying he is the only person working to support his 4 young children.

The court sentenced Uatisone to 24 months in jail, subject to several conditions, including paying a $110 fine, and attending and completing anger management counseling.

TOMASI TEVAGA

A 28-year-old male accused of disturbing the peace at his village made his initial appearance in District Court last month, where he entered a ‘not guilty’ plea to the charges against him.

Tomasi Tevaga is charged with third-degree assault, third-degree property damage, resisting arrest, and public peace disturbance — all class A misdemeanors.

The defense attorney asked the court to release his client on his own recognizance, saying he is a first-time offender and the allegations against him are not serious. The prosecutor did not oppose and the court granted the motion.

Tevaga was released under certain conditions that include remaining alcohol and drug free.

“You are not allowed to go back to the Asian store compound at any time.

“If you fail to comply with any of these conditions, you will be brought back to court, and the court will send you to the Territorial Correctional Facility and you will stay there until your case is resolved,” the court told the defendant.

The government claims that on Aug. 28 2022, cops apprehended an individual later identified as Tevaga for disturbing the peace in the parking lot of a store in Tafuna by yelling profanities and challenging people to a fight.

According to the 37-year-old male victim, he was shocked when a male who appeared highly intoxicated entered the store and punched him in the face. He said he exited the store but the man continued to follow him outside. The defendant then threw a beer can at him, which missed his head but hit and cracked his vehicle’s rear window.

During the booking process, police could smell a strong odor of alcohol on Tevaga’s breath and his eyes were bloodshot. Pretrial conference is scheduled for next month.

APELU MASI

A 42-year-old man accused of using a knife to cause head injuries to another man has pled guilty.

Apelu Masi under a plea agreement with the government, accepted by the court, Masi pled guilty to second-degree assault — still a felony — punishable by no more than 5 years in jail, a fine of not more than $5,000 or both.

He remains in custody in jail and will be sentenced Nov. 10th.

With his guilty plea, Masi admits that sometime on June 29, 2021 he used a knife to assault a man by stabbing his back and his left shoulder.

According to terms of the plea agreement, Masi was told by a family member that his 13-year-old son was assaulted by their 39-year-old neighbor. Enraged, Masi went to his neighbor’s home, punched him in the face, and struck him with a knife.

The victim sustained a deep cut on his back and was admitted to the LBJ Hospital where he spent 4 days in the Surgical Ward.

The government is recommending probation and $456.03 restitution to cover the victim’s medical bills.

FARANI SEMAIA

A man accused of selling marijuana joints in front of a store last year has pled guilty.

Cops arrested Farani Semaia on Aug. 24, 2021 after an employee at a store in the Tafuna area informed police about a man selling drugs outside in the store’s parking lot.

Semaia under a plea agreement with the government, he pled guilty to unlawful possession of marijuana.

With his guilty plea, Semaia admits that on Aug. 24, 2021 in front of a store in the Tafuna area, he had in his possession a small bag containing 12 marijuana joints. He further admits that on the day in question, he sold some marijuana joints to people he knew in the area.

The court asked the defendant what he did with all the marijuana joints he had, and Semaia said he sold them to some of his friends and people who asked him for drugs. As part of the plea agreement, the government is recommending probation. Samaia remains in custody, unable to post a $10,000 bond.

He will be sentenced next month.

MALALA ATOA

A 37-year-old man who is on probation for a drug conviction after giving marijuana cigarettes to two students to sell on the school campus in 2019 is now back in court for a probation violation.

Probationer, Malala Atoa appeared in High Court last week for his preliminary examination after testing positive with meth while he was in custody.

A report by the Probation Office revealed that Atoa was arrested at the beginning of July after he failed to comply with conditions of his 5-year probation given out by the court in October of 2018.

Three weeks after he was taken into custody, a probation officer administered a random urinalysis test on the defendant last month. The urinalysis test result was positive for meth. Furthermore, the defendant also admitted to Probation that he allegedly smoked meth while in custody.

Last week, the defendant’s defense attorney told the court that his client admitted to violating conditions of his probation by testing positive for meth. The defense attorney further stated to the court that his client is remorseful for his action and asked for another chance.

Despite the fact that Atoa admitted to the violation, his defense attorney said that his client would abide with the court order if he’s given one more chance. The request by the defense attorney did not sit well with the Court.

The court stated that during Atoa’s sentencing in October of 2018, Atoa was given a huge break by the court when he appeared for sentencing.

Despite the seriousness of his actions, the court gave him a chance to redeem himself by sentencing him to time served, which was over 12 months. The remaining 8 months of his 20 months period of detention was stayed by the court.

Atoa is scheduled to appear in court next month for his Disposition Hearing.