Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse says setting someone else's car on fire is not only "outrageous," but "it needs to be deterred."

Laofie Samuelu appeared in High Court yesterday morning for sentencing.

In a plea agreement with the government — which Kruse previously called a 'break' for Samuelu — the 47-year-old father of six pled guilty to first degree property damage, for his involvement in setting his cousin's vehicle on fire.

Samuelu said his actions were fueled by alcohol.

"The intoxication explanation comes in through one ear and out the other," Kruse said during court proceedings yesterday. "The other variation to that would be, 'the devil made me do it'."

When this case was heard in court last month, Kruse had ordered the defense to submit a better plan for restitution. That's because it was revealed — at the time — through a report from the Probation Office, that Samuelu has never had a job. Kruse said in his experience, restitution is an 'empty promise'.

"The issue is the joint submission on the plea agreement for restitution," Kruse said to the attorneys for both sides, adding that restitution needs to be "meaningful" from the victim's point of view because otherwise, it will not be a suitable condition for probation.

Defense attorney, Assistant Public Defender Rob McNeill told the court yesterday that his client is remorseful, and they have a proposed solution. That is, Samuelu can pay $50 per month in restitution.

The issue was also raised as to the cost of the damage — whether it's $10,000 or $13,000. Kruse set the value at $10,000 and said if the victim wants more, he can "go to District Court and sue for the rest."

He said he will not allow a restitution re-hearing or a civil action, in a criminal trial.

Kruse said during court proceedings last month, "You can't burn a person's car and then say 'I'll pay for it'."

THE SENTENCE

Samuelu was sentenced to five years imprisonment and he has to pay a fine of $5,000

However, the execution of the sentence is suspended and he will be placed on probation for 5 years, under the condition that he serve 20 months at the Territorial Correctional Facility (TCF).

While imprisoned, Samuelu is never to be on 'trustee'  status and he is not to be released unless for a genuine medical emergency or by order of the court.

After serving 6 months, the court 'may entertain' allowing Samuelu out on work release, granted that he can prove employment.

Because Samuelu admitted that alcohol was involved when he broke the law, Kruse ordered that — upon release from the TCF and during probation — he remain alcohol and drug free, and be subject to random testing.

Also upon release, Samuelu is to remain law abiding and he must secure gainful employment within 90 days. Working on the family plantation will not be considered employment, Kruse clarified. Samuelu is not to make any direct or indirect contact with the victim or his family members, and he is to stay off of their property.

Kruse further ordered that Samuelu make "meaningful restitution" to the complainant, meaning the victim has to be made "whole again" as far as the situation with his family goes.

"I emphasize 'meaningful' because it may have a bearing on a subsequent revision of probation," Kruse said.

McNeill told the court last month that his client is a first time offender, who has had plenty of time to reflect on what he did. He called the incident a "one-time alcohol influenced… bad judgment."

Samuelu was remanded back to custody at the TCF yesterday.