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Serial escapee sentenced to five additional years at TCF

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — An inmate who is serving a 20-year sentence for escaping from the Territorial Facility (TCF) in January 2010 and assaulting an ANZ security guard was sentenced by the High Court for an additional 5 years in prison for escaping from confinement again last year.

Vatoi Ching Sam, a.k.a Pati Lepou appeared in court last Friday for sentencing. He was represented by Public Defender Michael White, while prosecuting the case was Assistant Attorney General Laura Garvey.

Pursuant to a plea agreement with the government, which was also accepted by the court in March of this year, Lepou pled guilty to the charge of escape from confinement, a class D felony, punishable by a term of imprisonment of up to five years, a fine of up to $5,000, or both.

When given the chance to address the court, Lepou apologized to the court for his action, and stated that he’s truly remorseful for what he did. He told the court that life at TCF at this time is not easy, compare to the past 5 years where everything was fine and stable.

“In the past 5 years, we were able to eat well and received everything we asked for, but now, the food is not good and we hardly get what we ask for such as soap to shower, tooth paste and food. That’s why inmates escape from confinement,” Lepou told the court.

He also stated to the court that he’s been trying very hard to request to the Parole Board for a chance to go back home, but his request fell on deaf ears.

“I want to go back home. I want to be with my family and parents but I can’t do anything because the Parole Board did not want to consider my request. I’m truly remorseful for what I did and I don’t want to stay in prison anymore because its not a good place to sleep.”

Chief Justice Michael Kruse asked the defendant why he wanted to go back home. Lepou said that he wanted to care for his parents and family, and wanted to do something else instead of living inside TCF.

He also stated that he did not commit any crimes during the time he escaped from confinement last year. He only went to the store to buy beer and went back to prison.

His defense attorney, White told the court that his client is truly remorseful for what he did and he wants to go back home to change his life. He said that the time Lepou is serving in prison taught him a great lesson that escape from confinement is not the answer to the many problems they face in TCF.

White requested the court to let his client’s sentence run concurrently with any other sentence he’s serving right now at TCF.

Prosecutor echoed the defense’s submission and asked the court to sentence the defendant to a term of imprisonment of 5 years, to be run concurrently with the time he’s serving at TCF right now.

“Do you agree with what the defense said,” Kruse asked the government’s attorney.

Garvey replied, “Yes and no”.

She said the reason why she agrees with the defense’s submission for a sentence to be concurrent with any other time the defendant is serving at TCF, was that, he did not commit any other crimes during his escape from confinement last year.

Kruse reminded the prosecutor that this is the second time Lepou had escaped from confinement.

During his first escape, he, along with other inmates assaulted a security guard at the ANZ Bank in Tafuna and assaulted him badly. The court also stated that despite the fact that Lepou did not commit any other crimes, what he did was a serious offense to the court, and the court will not take this matter lightly.

The prosecutor told the court that she does not have the background of the first escape, but she agrees with the court that the defendant’s action was serious.

A recess was called after the court heard submissions from counsels and the defendant’s statement.

When court re-convened, Kruse did not offer any comment regarding the defendant’s case, but sentenced him to 5 years imprisonment, a straight sentence. He said that after the court reviewed the Pre Sentence Report, counsel’s submissions and the defendant’s statement, the court feels that this is the appropriate sentence for the defendant.