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Female drug defendant sentenced to 20 months

When the defendant used the public highway as a bathroom, it led to a high speed chase with police officers, and the defendant’s vehicle was eventually pulled over and police uncovered drugs in the vehicle, said Chief Justice Michael Kruse when handing down sentencing for 19-year-old Elsarina Lefatia.

 

Kruse sentenced the defendant to five years in jail, however execution of sentencing was stayed, and she’s placed on probation for five years under certain conditions. Conditions of her probation include that she spend 20 months in jail, remains a law abiding citizen, and cannot consume or be in possession of controlled substances.

 

The Chief Justice told Lefatia that the court took into consideration she is 19 years old.

 

The defendant was originally charged with unlawful possession of a controlled substance with intent to distribute, unlawful possession of controlled substance of methamphetamine and prohibited place of consumption.

 

Samoa News should point out that when Lefatia made her initial appearance in the District Court in October last year there was a heavy presence of police for security purposes following the defendant’s arrest.

 

In a plea agreement with the defendant, she pleaded guilty to unlawful possession of controlled substance of methamphetamine. In return for her plea, the government moved for the court to dismiss the remaining charges in this matter.

 

During sentencing the defendant apologized to the court and the government of American Samoa for the crimes she committed. She also apologized to her parents, seeking their forgiveness for not heeding their advice and for being disobedient.

 

Public Defender Douglas Fiaui noted the defendant has no prior record. He indicated that in the probated sentence report, the defendant informed the police officers immediately that she sells methamphetamine for a living. The PD asked the court to be lenient when handing down sentencing for the 19-year-old girl.

 

Assistant Attorney General Russell Smith noted that 12 months incarceration and probated sentence, with conditions that she undergo alcohol counseling is sought, as prosecution feels the defendant is a young lady who’s heading in the wrong direction.

 

 

 

According on the government’s case, on October 25, 2014 in the wee hours of the night,  police officers were walking to a police unit at the Tafuna substation when they saw an unknown black truck without a license plate parked in the south bound lane in front of the Stop sign near the police station. A female exited the black truck and yelled to another unknown female that she wanted to pee. It’s alleged that female pulled down her pants and urinated on the public highway.

 

One of the officers then called out to the unknown female who got into the car and drove off. Police pursued the car and tried to stop it utilizing police lights but the black truck continued to speed off. The officers followed it all the way down to Futiga, where it turned into the driveway of  “Le Aute” a known billiard hall, however, due to safety reasons the officers did not pursue the chase.

 

Court filings say, on that same day police came across the black truck that matched the description from the incident, and there was no license plate at the rear end of the truck. Officers pulled the vehicle over, and during the traffic stop it was determined that this was the same truck that was involved in the earlier pursuit.

 

The officer made contact with the driver, Lefatia and saw an open Coor’s Light can in the cup holder on the driver’s side. 

 

During an inventory of Lefatia’s bag she had with her, police discovered a large amount of cash (approximately USD $4,900), and drug paraphernalia, which included cut up straws sealed on both ends commonly used to package and sell methamphetamine, glass pipes commonly use to smoke ice and one cut up straw containing a crystalline substance.

 

Court filings say that Lefatia explained that the money was from their business Le Aute, where they serve alcoholic beverages and people play pool. She also told the police that she sells the glass pipes for $5 each and the ice in the bag was to be sold at $10 each.