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COURT REPORT: Probation revoked for man who stole from his stepmother

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A young man who violated conditions of his probation after he tested positive again for meth was ordered by the High Court last week to serve the remaining term of his 7 years probation at the Territorial Correctional Facility (TCF).

Tua Jarret Leiloa appeared in court last week for his Disposition Hearing. When given the chance to speak, Leiloa apologized for his actions and immediately begged the court for another chance to return home and do something good with his life.

Defense attorney, Ryan Anderson asked the court to allow his client to continue probation because he needs substance abuse treatment. Anderson said that Leiloa is a young man who can turn his life around if the court will allow him to continue probation.

The prosecutor disagreed. Laura Garvey told the court that this is the second time the defendant has violated conditions of his probation. Both times he tested positive for methamphetamine. Furthermore this time, the defendant was also charged and convicted with disturbing the public peace (PPD).

The court agreed with the prosecution, and noted that the defendant had been given numerous chances in the past and this time, he deserved to be punished.

The court then revoked Leiloa’s probation and ordered him to serve 7 years at the TCF.

BACKGROUND

Leiloa was convicted of stealing about $1,500 from his stepmother’s bank account in February of 2017.

He was sentenced to 28 months in jail, but execution of the sentence was suspended and he was ordered to serve 7 years probation under several conditions, which included serving 6 months in prison. The six-months prison term ended Aug. 15, 2017 and the defendant was released.

Three months later in Nov. 2017, Leiloa tested positive for meth during his monthly visit to the Probation office, and he was arrested again. After spending 52 days at the TCF, Leiloa appeared in court in January 2018 for his Disposition Hearing where he apologized for violating probation and asked for another chance to return home to be with his parents.

The court accepted the defendant’s statement and placed him back on probation. With Leilua already serving 52 days in jail for violating his probation, the court added an additional 38 days at TCF, while the remainder of the 22 months in jail (from the original sentence last year) was deferred, under several conditions.

Among them, was that Leiloa was to find gainful employment 30 days. “If not, you are back to the [TCF] warden to eat more saimin,” C.J. Kruse told Leiloa. “We are reluctantly giving you another chance because of your addiction. Your parents are not happy with you... violating probation.”

KOLOSE SUA

A man convicted of assaulting another man during a family dispute in Vaitogi last year has been sentenced to two years probation.

Kolose Sua appeared last week in High Court for sentencing.

He was initially charged with one count each of first-degree assault and unlawful use of a weapon for a shooting in Vaitogi in January of last year.

Gathered from testimonies and through hearsay, the court said the underlying case was that is was a “family squabble” that could have “gotten serious.”

Sua told the court the matter has resulted in his home being burned and his cars damaged, but he would accept any sentence handed down by the court.

The defense attorney said his client had already served 6 months of pre-trial confinement before he made bail. He requested a probative sentence without any further jail term.

The prosecutor said the government did not disagree with the defense. She said she spoke to the victim, who said the defendant has apologized and “the apology was sincere.”

According to the victim, the defendant is very remorseful, said the government’s attorney, adding that the government requests to suspend any jail time and place Sua on 24-months probation. He noted that the defendant “has some history” in District Court, but didn’t elaborate further.

The court ordered that the two-year jail term be suspended and the defendant is placed on probation during that period.