Pago Pago, AMERICAN SAMOA — A 25-year-old man from Samoa has been sentenced to 48 months imprisonment, as a condition of a 7-year probation term for having a sexual relationship with two minor children between December 2017 and February 2018.

However, the detention period was suspended and the defendant is ordered to depart the territory immediately.

Pele Tavita Jr, who has been in custody since his arrest in March 2018, appeared in High Court last week for sentencing. He was represented by Assistant Public Defender Rob McNeill while prosecuting the case was Assistant Attorney General Christy Dunn.

Tavita Jr was initially charged in two separate cases. In the first case, Tavita Jr was charged with two counts of 1st degree sexual abuse; two counts of deviate sexual assault and rape, all felonies, along with a misdemeanor count of endangering the welfare of a child.

In the second case, he was charged with rape, sexual assault, and two counts of 1st degree sexual abuse, all felonies, and one count of endangering the welfare of a child, a misdemeanor.

But under a plea agreement with the government, which was accepted by the court last month, Tavita Jr pled guilty to deviate sexual assault in the first case, and 1st degree sexual abuse in the second case. The remaining charges were dismissed.

When given the chance to speak, Tavita Jr apologized to the court and the American Samoa Government for his actions.

“I’m a bad person and I know that my actions were not according to the law,” Tavita Jr said, adding his months in jail was an ordeal and he’s learnt his lesson. He then asked the court for a second chance so he can return to Samoa, to care for his family.

Defense attorney McNeill asked the court to adopt the Probation Office’s recommendation, and sentence his client to 7 years probation, with the condition that he depart the territory.

McNeill said his client has shown true remorse, and he has spent over 19 months behind bars, awaiting his sentence. The defense attorney asked the court to sentence his client to time served without any additional period of detention.

Prosecutor Dunn said the government has already entered into a plea agreement with the defendant, and they will leave sentencing up to the court. Dunn echoed McNeill’s submission to adopt the Probation Office’s recommendation.

Before delivering its decision, the court wanted to know who had the defendant’s travel documents. Tavita Jr said the Immigration Office has his passport.

McNeill informed the court that his client can make arrangements for travel; however, the court intervened and told McNeill that under immigration laws, travel arrangements including the defendant’s return ticket are the sponsor’s responsibility.

According to the court, Tavita Jr entered the territory on a 30-day permit in September 2017. Before his entry permit expired, Tavita Jr engaged in two separate sexual relationships with two different minors. As a result, he was arrested and charged.

For the crime of deviate sexual assault, the court sentenced the defendant to 7 years imprisonment. For the crime of 1st degree sexual abuse, the defendant was sentenced to 5 years imprisonment. The two sentences will run consecutively, meaning, the defendant will serve 12 years at the Territorial Correctional Facility (TCF).

Execution of sentence is suspended, and the court placed the defendant on probation for 7 years under certain conditions.

Tavita Jr was ordered to serve 28 months for deviate sexual assault and 20 months for 1st degree sexual abuse: a total of 48 months, as a condition of his 7-year probation without any release whatsoever, except for medical checkups or by order of the court.

However, the court ordered that Tavita Jr be credited for time served, which is 19 months. The balance of the defendant’s detention period will be stayed, and the court ordered that he immediately depart the territory and remain outside of its borders for the entirety of his probation.

Tavita Jr was also ordered to register as a sex offender, and undergo HIV testing as required by statute.

The court ordered that a certified copy of the court’s judgment be served to the Chief Immigration Officer to ensure that the defendant’s name is on their lookout list.