Ads by Google Ads by Google

Court issues straight sentence — no probation — for drug dealer

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 28-year-old man convicted of violating the territory’s drug laws was sentenced by the High Court to serve 10 years behind bars, a straight sentence.

In delivering his decision against the defendant, Daisy Mareko last Friday, Chief Justice Michael Kruse stated that based on the facts of the matter and the seriousness of the offense, the court believes that this is the right decision for these types of criminal actions.

Mareko, who has been in custody since his arrest in November of last year, unable to post a $10,000 bone appeared in court last week for sentencing.

Mareko was initially charged with one count of unlawful possession of methamphetamine; one count of unlawful possession of methamphetamine with the intent to distribute; both unclassified felonies which carry an imprisonment sentence  between 5 to 10 years, a fine between $5,000 and $20,000, or both; along with one count of unlawful possession of firearms and one count of unlawful possession of ammunition, both class D felonies, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both.

However, in a plea agreement with the government, accepted by the court in February of this year, Mareko pled guilty to the offense of unlawful possession of methamphetamine with intent to distribute. Mareko admits that on Nov. 7, 2019 police discovered inside his vehicle a bag containing methamphetamine that were already set up for sale.

When given a chance to address the court, Mareko apologized for his action and begged for a chance to return home to seek employment so that he could provide for his children and his parents. He told the court that he made a stupid mistake by becoming involved with drugs.

“Please your honor, grant me one more chance so that I can prove myself to the court. I also want to find a job to pay for my fine and provide for my parents, family and my young children,” Mareko said.

“How are you going to provide for your family and children,” Kruse asked the defendant.

He replied, “I need to find a job first.”

Kruse asked, “Where are you going to find a job.”

The defendant replied, “Here in American Samoa.”

“Where in American Samoa,” Kruse asked again. “Are you trying to sweet talk me or what? The court needs to know what are your plans for the future because the court will not let you go home today (last Friday).”

The defendant told the court that he can go to many places in the territory to look for a steady job like the cannery in Atuu, McConnell Dowell in Tafuna, or many construction companies owned by local people, in order to secure gainful employment.

The defense asked the court to sentence his client to a probated sentence and allow him to return home to seek a job to care for his family. According to Assistant Public Defender Rob McNeill, his client is a family man who graduated from a local high school before getting a job to care for his family. He was the right hand man for his family who never had a criminal record until this incident last year where he was arrested and convicted.

McNeill said that his client is truly remorseful and has learned his lesson from the 5 months he served awaiting trial.

Prosecutor, Assistant Attorney General Kristine Soule asked the court to sentence the defendant to a period of incarceration. According to Soule, the problem of illegal drugs in the territory is on the rise, and the defendant’s action was very serious where he was caught with illegal drugs, a gun and ammunition inside his vehicle.

In delivering his decision, Kruse said that after reviewing all facts of the case, submissions by attorney and the defendant’s statement to the court, the court was prepared to render its decision.

Kruse acknowledged the defense’s attorney submission asking the court to consider the defendant’s early admission to the crime against him. However, on the other side of the coin, the case against this defendant is very serious and affects the safety the people of this community.

The court then sentenced Mareko to a straight ten years imprisonment and a $5,000 fine.

Kruse told both parties that in this case, the court would not go to the usual probated sentence, instead it would use the parole system. Let the defendant deal with the Parole Board regarding his request to go home and seek employment.

Associate Judges Faamausili Pomele and Muasau T. Tofili assisted Kruse on the bench.

BACKGROUND

On Nov. 7th, 2019, the defendant was arrested after police officers discovered illegal drugs, a gun and ammunition inside his vehicle. The defendant and a co-defendant Faafetai Jr (Lefatia) were both charged by the government in this matter.

Mareko was arrested after the vehicle he was in was stopped when both he and the driver were observed by police not wearing their seat belts.

Officers informed both men about why they were stopped. When asked for identification, Mareko failed to provide any so he was asked to step out of the vehicle. A black bag was observed in the vehicle, and Mareko was asked who it belonged to and he said Faafetai Jr (Lefatia).

When cops asked if they could look inside the bag, Mareko said, “yeah, go ahead.” Once opened, cops observed two guns inside. The two men were immediately detained and back-up was called. The vehicle was impounded and the two men were taken in for questioning.

The bag contained cash, handguns, ammunition, 4 small cut up straws containing a white crystalline substance (which tested positive for meth); a medium sized baggies containing a white crystalline substance (which tested positive for meth); 99 medium sized empty baggies; a phone, and several other items (all noted on property forms).

Mareko refused to speak to police, while the driver of the vehicle, who was also interviewed by police, was later released.