Pago Pago, AMERICAN SAMOA — A man who was born in Samoa but raised in American Samoa has been ordered to depart the territory — after serving his jail time — and remain outside of its borders for the duration of probation.

Hafiti Filimaua appeared in High Court last week for sentencing, after being convicted of second degree assault, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both.

Filimaua used a machete to assault a family member last year, and he did this while serving a 10-year probation term, handed down following his 2015 conviction whereby he used a metal pipe to assault his cousin during a drinking session.

In addition to sentencing, Filimaua was also in court last week for a preliminary examination to revoke his 2015 probation. He admitted that he violated conditions of probation when he failed to remain law abiding. Before Filimaua addressed the court, defense attorney Rob McNeill called two witnesses: Filimaua’s wife and his sister. Both women asked the court for leniency.

Filimaua’s wife testified that her husband was the only one working to support her and their young child; and every since his arrest, it’s been hard because nobody works. She told the court she really needs her husband to come home.

Filimaua’s sister described the defendant as a loving person and very supportive man. She spoke about the financial impact on her brother’s family following his arrest, and asked the court for chance to release him back home, saying he is the “right hand” — their parents don’t live with them. When asked about their parents, the witness said their mother is in Utah and their father passed away.

“Filimaua considers American Samoa as his home, where he was raised since he was a child. He has a wife and child and he is a hardworking man. We know everyone makes mistakes and I feel that giving another chance to my client would help him straighten up his life and redeem himself. I believe there is power in forgiveness,” McNeill told the court.

He said he doesn’t dispute the seriousness of his client’s actions, and asked that the court not revoke Filimaua’s 10-year probation but instead, modify the conditions. “Putting him in jail for a long period of detention will not cure his anger problem. My  client needs to attend an anger counseling program while on probation,” McNeill said.

Prosecutor Doug Lowe acknowledged the statements from the two witnesses —noting the hardships the family has gone through since his arrest — but pointed out that Filiamaua was charged with another felony assault within 4 years while serving a 10-year probation term — and the incident was fueled by alcohol and involved a dangerous weapon.

Lowe asked that for the second assault, Filimaua be placed on 5 years probation, under the condition that he serve 20 months detention. And upon release, he is to depart the territory. For his first probation, the government asked to modify the conditions.

The court noted that the defendant has been involved in very violent crimes, and they have to consider ways to protect the community. “Your family is suffering and your wife has to find ways to feed your child because you’re in custody. The court has to consider that. We also have to look at the safety of this community and consider a right decision to make sure this type of behavior does not happen again,” the court said.

Filimaua was informed about the consequences he may face if the court revokes his 10-year probation, and orders him to serve the whole 10 years at TCF. “You were given the chance to redeem yourself before,” the court said. “You asked for a second chance 4 years ago, to go back home to start another chapter of your life and to be a productive member of society. The court gave you that chance. Today, you’re asking for another chance… but that opportunity is no longer there for you.”

For the second degree assault conviction, Filimaua was sentenced to 5 years in jail. Execution of sentence is suspended, and he is placed on probation for 5 years under the following conditions: he has to serve 20 months at the TCF; and upon release, he has to depart the territory and remain outside of its borders for the duration of probation. He also has to pay $179 restitution.

The court ordered that Filimaua’s sponsor be held responsible for paying not only his return fare to Samoa, but also his restitution. For his first case, the court did not revoke Filimaua’s probation but instead, modified its conditions. The additional condition is that he depart American Samoa.