Pago Pago, AMERICAN SAMOA — A former cop who abused his position by soliciting money from a member of the public is going to jail.

Chief Justice Michael Kruse sentenced Fa’auma Malo, 42, last Friday to 20 months detention at the Territorial Correctional Facility (TCF), as a condition of a 5-year probation term.

Malo was convicted of public servant acceding to corruption, a class D felony that carries a jail term of up to 5 years, a fine of up to $5,000 or both.

When given the chance to speak, Malo apologized for his actions and begged the court for a second chance so he can be with his children, as his wife is off island for military training.

He told the court that he is "truly remorseful for what happened" and he's learned his lesson. He promised never to do it again.

Malo never apologized to the victim.

After reviewing the Pre-Sentence Report (PSR), Malo's defense attorney, Public Defender Michael White asked the court to adopt the recommendation by the Probation Office, which is probation without any period of detention.

White said he believes Malo is remorseful and wants to move on with his life, focusing on his family and children. He said Malo lost his job as a result and he's now a homemaker.

Assistant Attorney General Christy Dunn echoed the defense’s submission for a probated sentence without detention; and she asked the court to order Malo not to make any contact with the victim in this case.

Chief Justice Michael Kruse said Malo was convicted of corruption after he shook down a member of the public, abusing his police badge for the sake of money.

White agreed but added that despite his actions, Malo did not receive any money from it.

Kruse fired back and said, “Oh well, that’s not what the government said.”

White said his client did it because he was desperate for money.

Kruse smiled and said, “If I am the Police Commissioner, I don’t want dirty cops like this man on my police force. You understand what I’m saying because you’re a former police officer,” Kruse told White.

A recess was called.

A recap of the facts of the case was made before sentencing was handed down.

According to the court, Malo was trying to get money from a man who attempted to park a Public Works vehicle behind the museum.

While trying to maneuver his way into the narrow space, the driver struck an unoccupied vehicle and cracked its taillight. That's when Malo approached the driver and told him to move his vehicle to another spot, so as not to draw suspicion to the cause of the damaged taillight.

The driver said Malo gave his two choices: a ticket, or forgiveness.

Malo said the ticket would cost $400 but if the driver paid him $100 the ticket would not be issued.

The driver then told Malo that he would pay the $100 when he gets his paycheck.

A few months later, Malo met the driver at the Fagatogo market and told him he owed him $1,000 because he used his own money to fix the taillight and he failed to pay him the $100 as arranged.

The complainant later resigned from Public Works and found a job elsewhere. He said Malo came to his new workplace and demanded money. He asked for weekly payments of $100 until the $1,000 was paid off.

The complainant refused to pay, according to court filings.

On September 11, 2017, it’s alleged that Malo approached the complainant again and told him that since he missed two payments, he now owed him $2000. Malo told the man that he had 3 days to pay $500 or he would be thrown in jail.

The complainant said he never paid any money but Malo continued to call him at work.

When questioned by police, Malo admitted that he asked the complainant for $100 in exchange for not issuing a ticket.

He verified that he asked the complainant for $1000 as reimbursement for repairing the damaged taillight.

Malo said he was struggling financially so he abused his position as a police officer and used the opportunity to solicit money from the complainant.

Malo was sentenced to 5 years imprisonment and a $5,000 fine. Execution of sentence is suspended, and Malo is placed on probation for 5 years subject to several conditions.

He has to serve 20 months at the Territorial Correctional Facility (TCF) and upon release, he is to depart the territory and remain outside of its borders for the duration of probation. This condition is stayed until further order of the court.

A probation review will take place after Malo serves one year of detention.

Kruse, assisted by Associate Judge Muasau T. Tofili, told both parties that the court will not overlook the seriousness of the charge against Malo.