Pago Pago, AMERICAN SAMOA — Associate Justice Fiti A. Sunia has suspended a 6-month imprisonment term for a man, convicted of endangering the welfare of his children. Instead, the man is placed on probation for 6 months subject to conditions.

Tavita Amani Jr. appeared in High Court Wednesday morning for sentencing and an Order to Show Cause (OSC) hearing for violating conditions of probation.

Prosecuting the case was Assistant Attorney General Kristine Soule while Assistant Public Defender Ryan Anderson represented the defendant, who was released on bond.

According to court records, Amani Jr. was sentenced to 6 months probation on June 4, 2018, after he was convicted of disturbing the private peace — it was a domestic dispute between him and his wife.

Conditions of probation required Amani Jr. to remain law abiding and maintain the peace within his family.

A month later, on July 14, 2018, Amani Jr. was arrested again, for the case which he appeared in court Wednesday for sentencing.

Anderson asked the court to sentence his client to probation without any period of incarceration. He said his client is a hard-working man, who is currently employed and provides for his family.

The PD said his client has learned his lesson, he takes full responsibility for his actions, and sending him to jail would affect his family because he’s the only one who works.

Prosecutor Soule echoed the defense submission for probation and said more counseling and evaluation will help Amani Jr. cure his anger and alcohol problems.

Sunia said the underlying conviction stems from an incident whereby the defendant was arguing with his spouse in the presence of his children. He said that after reviewing the Pre Sentence Report, the court feels that more counseling will help the defendant.

He suspended the 6-month jail term for Amani Jr. and placed him on probation for 6 months subject to the following conditions. He is to pay a fine of $500, attend and complete anger and alcohol counseling, and remain law abiding.

He shall serve 90 days at the Territorial Correctional Facility (TCF); he is credited for the 3 days he served after he was arrested last year; and the balance will be stayed, as long as he complies with all conditions of probation.

“Mr. Amani Jr. we hope this second chance for you will make you a better person… to be useful to your family,” Sunia said.