Chief Justice Michael Kruse sentenced drug defendant Punefuolenmotu Tuaolo to serve 20 months in jail as part of his five years probation. Tuaolo was was arrested in 2012 when the Department of Public Safety confiscated more than $10,000 worth of methamphetamine and marijuana, along with a rifle, during the execution of a warrant to search his property, which included his vehicle and home.

The defendant was facing unlawful possession of a controlled substance (methamphetamine), unlawful possession of a controlled substance (marijuana), possession of an unlicensed firearm and unlawful possession of ammunition.

In a plea agreement with the government, the defendant pleaded guilty to facing unlawful possession of a controlled substance of methamphetamine and unlawful possession of a firearm, while the government moved to dismiss the other charges.

During sentencing last week, Assistant Public Defender Karen Shelley pleaded with the court to allow Tuaolo an opportunity to leave the territory for Hawai’i for a medical check-up. The court was presented with his medical report, along with the request for off island travel.

Kruse denied the request but noted that additional information should be made available to the court as to what treatment that Tuaolo is undergoing, so the court can make a determination.

The Chief Justice pointed out that witnesses had informed the police that Tuaolo was selling drugs and that’s when the officers obtained a search warrant for the house and his property, which led to this case before the court.

In previous hearings, the defendant’s wife, in tears, told the court to allow her husband a second chance to reunite with his family, and allow him to seek further counseling to help him with his drug problem.

She told the court that there are programs with DHSS that can help her husband with his drug problem. The wife said her husband is a good father to their children and also a good husband to her and since he has been incarcerated, she has seen positive changes in him.

His auntie also took the stand to plead for leniency, asking the court to release the defendant from jail, saying she would be there to help guide him away from drugs.

The defendant apologized for his actions to the court, the government, his family and especially his wife and children and asked for a second chance.

Kruse sentenced the defendant to five years in jail, however execution of sentencing was suspended and he was placed on probation for five years under certain conditions. The defendant was also ordered to pay a fine of $5,000 and undergo 20 months in jail (with credit for  time already served).  He cannot consume alcohol, and cannot congregate with those who are drinking. Tuaolo is also subject to random searches and tests for alcohol or drugs.

According to court filings, the police proceeded to execute a search warrant on Tuaolo, and had caught up with him in his vehicle in Malaeimi where he was pulled over. Court filings say, it was becoming unsafe as members of the public started to crowd around where police were trying to carry out their duties and then Tuaolo and police proceeded to the Central Police station where Tuaolo’s vehicle was searched.

Court filings say the police found 15 baggies containing methamphetamine in a pouch that was between the driver and the passenger’s seat.

The police also found in the pink pouch a plastic baggie which contained marijuana. Court filings say that during the search of Tuaolo’s residence, police found drug paraphernalia, a medium size plastic baggie containing loose marijuana taped under a table in the laundry room, and an unlicensed firearm with live ammunition. According to police the methamphetamine that was confiscated had a street value of more than $10,000.