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Court takes up two cases

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reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — A 57-year-old man who failed to obey the court's orders has been placed on probation for 24 months.

Titio Asofa Sr appeared in District Court yesterday morning for a pretrial conference for two separate cases.

Under a plea agreement with the government, Asofa pled guilty to criminal contempt, and the charge of public peace disturbance was dismissed for his second case. As part of the deal, the first case against him is dismissed in its entirety.

"The court doesn't take lightly to people that don't follow the court's orders," said Judge Elvis P. Patea in handing down the sentence. "This is make or break time for you," Judge Patea added. "Break the law again, and you're going to jail."

While released from custody for his first case in 2018, Asofa was picked up for public peace disturbance this year in March and cops say they detected a strong odor of alcohol emitting from his breath.

Conditions of his release required him to be law abiding and sober. His arrest two months ago is a clear violation of these conditions.

In addition to probation, Asofa is required to attend and successfully complete an alcohol-counseling program.

IERUSALEMA TONIA

A 19-year-old male who was facing four criminal charges pled guilty yesterday to two of the charges, under a plea agreement with the government.

Ierusalema Tonia pled guilty to third degree assault and encouraging a child to break the law. The remaining two charges - public peace disturbance and stealing - were dismissed.

According to the government, it was January 20, 2019 that Tonia tried to assault someone and did so by encouraging a child to grab the collar of the victim.

Two minors were involved.

Assistant Public Defender Anna Whiles told the court that her client is remorseful for what he did. She said Tonia has a medical condition that requires him to travel off island for medical assistance.

Judge Elvis P. Patea sentenced Tonia to 12 months probation with several conditions. He is to remain alcohol and drug free (he's not of legal age yet) and he is not to make any direct or indirect contact with the victim in this case.

His 30-day jail term is suspended and he is ordered to pay restitution of $20. (The same restitution is to be imposed on his two minor co-defendants).

In total, Tonia has to pay a fine of $200 within 60 days, and this amount has to be paid to the court in full before he travels off island, regardless of whether or not his departure date falls before the 60-day period.