Pago Pago, AMERICAN SAMOA — A man from Samoa convicted of raping his partner and pointing a gun to her face is going to jail.

Kueva J. McFall, 40, appeared in court last week for sentencing. Assistant Public Defender Ryan Anderson defended, while prosecuting was Assistant Attorney General Laura Garvey.

McFall, who has been in custody since his arrest last year, unable to post a $50,000 surety bond, was charged in three separate cases.

In the first case, he was charged with rape, false imprisonment, and third-degree assault. For the second case, he was charged with unlawful use of a weapon, false imprisonment, and 2 counts of third-degree assault. In the third case, he was charged with escape from confinement.

Under a plea agreement with the government, McFall pled guilty to the amended count of first-degree sexual abuse in the first case, and unlawful use of a weapon in the second case. The remaining charges were dismissed.

With his pleas, McFall admits that on Jan. 23, 2018, he pushed the victim into his truck while it was parked in Nu’uuli, and he touched her private parts without her consent. He further admits that while the victim tried to push him away, he continued to touch her sexually, before forcing her to have sex with him inside his truck.

On a separate incident, during a domestic confrontation with the victim, who has been his partner for many years, he assaulted her and pointed a gun at her face in an effort to threaten her for arguing with him.

McFall opted not to address the court when given the chance to apologize. Instead, his attorney spoke on his behalf. According to Anderson, McFall is truly remorseful and takes full responsibility for his actions. He said the many months his client has spent in custody, have taught him a lesson.

Anderson asked for probation, without any further jail time. He also asked that the sentences for each charge run concurrent to each other, and his client be ordered to depart the territory, as his family is in Samoa and they are willing to take him back.

Prosecutor Garvey echoed the same thing, and added that McFall be ordered to depart the territory, as his immigration ID is expired.

Associate Justice Fiti Sunia said McFall was convicted of two serious crimes — crimes he committed against a person he considered a long time partner and with whom he fathered several children, but did not marry.

“What you did to the victim was very serious,” Sunia told McFall, who sat next to his attorney with his head bowed the whole time. “The court finds that your intention to depart the territory is to escape from the victim and her children and also the law of the territory regarding your duty as a father to these children,” Sunia told McFall.

He reminded McFall that as a father, his responsibility is to care for his children, feed and provide for them. And his actions prove that he is a dangerous person who took advantage of the victim’s trust and love.

Sunia told McFall that there are consequences to his actions, but he’s asking the court to allow him to depart the territory in an effort to escape from them. Sunia did not say what the consequences are.

For the crime of 1st degree sexual abuse, McFall was sentenced to 7 years imprisonment. Execution of sentence is suspended and he is placed on probation for 7 years under certain conditions. He shall serve 18 months at the Territorial Correctional Facility (TCF), credited for time served.

Afterwards, he is ordered to depart the territory and remain outside of its borders for the duration of probation.

For the count of unlawful use of a weapon, McFall is placed on probation for 5 years under the condition that he serves 18 months at TCF, and then depart the territory and remain outside of its borders for the duration of probation.

The sentences are to run concurrently, and McFall has been in custody for over 11 months — meaning he has a little over 6 months to serve before he is to depart the territory.

A copy of the judgment and sentence shall be given to the Chief Immigration Officer to ensure that McFall is on the Immigration lookout list.