Pago Pago, AMERICAN SAMOA — A man who pled guilty to violating the territory’s controlled substance act has been sentenced to 20 months detention at the Territorial Correctional Facility (TCF), as a condition of his 5-year probation term.

Fidelis Taumalua, 27, represented by Assistant Public Defender Rob McNeill, appeared in High Court last Friday for sentencing. Assistant Attorney General Christy Dunn prosecuted the case.

When given the chance to speak, Taumalua apologized for his actions and begged for a second chance to return home to care for his parents and serve his family.

“I feel I made a mistake and I am truly remorseful for what I did. I ask the court to please forgive me,” said Taumalua. When Chief Justice Michael Kruse asked Taumalua what his mistake was, the defendant replied, “my crime.”

“What was your crime?” Kruse asked. Taumalua replied, “unlawful possession of drugs.”

Taumalua continued, “Please give me a chance to change my life and be a better person. I will never deal with drugs anymore nor will I violate any laws of this territory, but I will use the remaining days of my life wisely, to do good things for my family and for the community.”

McNeill 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. He said that after spending more than 4 months behind bars, Taumalua has learned a lesson, he has realized that prison is not a good place for him, and he needs to move on with his life. He will also attend and complete drug counseling.

McNeill further told the court that his client was never in trouble with the law before, and the quantity of illegal drugs that were found in his possession was small.

Dunn echoed McNeill’s statement, that the defendant is a suitable candidate for a probated sentence; however, he denied the statement that the defendant was never in trouble with the law.

According to Dunn, this is the defendant’s first criminal case in High Court, but he has multiple convictions in District Court.

Before a recess was called, Kruse said to Taumalua, “If you continue to smoke meth, you will have no teeth pretty soon.”

When court reconvened, Kruse recapped the facts of the case. According to him, the defendant was one of three people inside a truck that was stopped by police in Nuuuli on Sept. 23, 2018 for a false plate.

He said police impounded the vehicle and later discovered a clear glass pipe with a usable amount of methamphetamine inside. An inventory was conducted by two other cops who discovered two glass pipes containing crystalline substances, along with several empty small ziplock baggies commonly used to package methamphetamine, on the passenger side.

Kruse said that during the course of the investigation, Taumalua's ex girlfriend told cops that there was another glass pipe that Taumalua hid under his seat. Officers went back to the vehicle to check and discovered a glass pipe containing meth.

The defendant, according to Kruse, was initially charged with unlawful possession of a controlled substance (methamphetamine). But a plea agreement with the government that was accepted by the court, allowed the defendant to plead guilty to a lesser amended charge, a class D felony, punishable by up to 5 years imprisonment, a fine of up to $5,000 or both.

Kruse sentenced Taumalua to 5 years imprisonment. Execution of the sentence is suspended and the defendant is placed on probation for 5 years subject to several conditions. He is to serve 20 months in jail, remain alcohol and drug free, and he is subjected to random testing.

Additionally, Taumalua is not eligible for ‘trustee’ status at the TCF.

“Upon release from detention, you shall never congregate with people who consume alcohol and those who are users or dealers of controlled substances. If you violate any of these conditions, who will serve 5 years at TCF,” Kruse told Taumalua.