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Court stays departure for young man convicted of stealing

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 25-year-old man, who was convicted of stealing, was released from custody last week after the High Court determined that the 18 months he served at the TCF to await sentencing was enough.

Niusila Faamanatuga, under a plea agreement with the government, pled guilty to the amended charge of stealing, a class C felony, punishable by not more than 7 years imprisonment, and/or a fine of not more than $5,000.

With his guilty plea, Faamanatuga admits that sometime during April of 2019, he stole property belonging to another person, by entering a home in Ottovile and stealing several items with the value of over $100.

During sentencing, he apologized to the government, the court, and people of American Samoa and asked for forgiveness.

 “I didn’t mean to break the law; unfortunately, I made a mistake and I can't take back what happened. This is coming from a man who is truly remorseful. I promise I will never do any stupid thing like this again. Please, I want to go home to my family,” Faamanatuga said.

Faamanatuga’s defense attorney said that his client is a suitable candidate for probation.

The government’s attorney while echoing the defense attorney’s submission, added that the court must order the defendant to pay restitution in the amount of $885 and noted that none of the stolen items were recovered, and the couple who own the house that was burglarized lost over $1,000 in cash because of the defendant’s action.

Aside from the value of the stolen items, there is also the money spent to fix the back door of their home along with windows that were damaged during the crime.

The court reminded the government’s attorney that the court would not order restitution unless the government provides proof of the value of items that were stolen.

Faamanatuga was placed on probation for 7 years under conditions that he remain law abiding, visit Probation once a month, and serve 28 months at the TCF.

“You will be credited the 16 months you have already served; the balance of 12 months will be stayed as long as you comply with all conditions of your probation,” the court told Faamanatuga, who was also ordered to pay a $500 fine within 4 months, and find a job.

Upon release from detention, Faamanatuga is ordered to immediately depart the territory and remain outside of its border for the remainder of his probation. The court, however, is staying this decision until further order of the court.