Pago Pago, AMERICAN SAMOA — The owner of a rental unit in the Nu’uuli area who was charged and convicted of assaulting his tenants — a man and his son — was sentenced to 12 months probation in District Court.

Ilalio Tufuga was initially charged with second-degree assault, a class D felony. But the charge was dismissed following a preliminary examination (PX) in the beginning of this year, after the government failed to call a witness for the hearing.

Immediately afterwards, the prosecutor informed the court that the government has filed a new criminal complaint against Tufuga, charging him with third degree assault, a class A misdemeanor.

Tufuga appeared in court last month for a pretrial conference. When his case was called, the prosecutor informed the court that they had reached a plea agreement — Tufuga had agreed to plead guilty to third degree assault.

With his guilty plea, Tufuga admits that on Dec. 27, 2020 in Nu’uuli, he assaulted a man who was renting at his home, by punching him in the face and hitting him with a piece of lumber — once in the shoulder and twice on the back and kicking him in the face while he was lying on the floor. The victim’s 16-year-old son during the assault, was allegedly pushed against the wall by the defendant before he choked him.

The victim was transported to the LBJ Hospital for treatment following the assault, and an x-ray revealed that he had a dislocated shoulder. He was admitted, kept overnight, and discharged the next afternoon.

Ass’t Public Defender Ryan Anderson requested a probated sentence, saying his client is a first time offender and a suitable candidate for probation.

The government echoed the defense submission, saying there were no life threatening injuries to the victim and his son as a result of the incident.

The prosecutor however asked the court to order Tufuga to pay $232 restitution ($42 for the EMS transport and hospital fees for the victim and his son) and attend anger management counseling.

In delivering its decision, the court noted that the incident escalated from a rental dispute, and despite the fact that the victim and his son were both injured as a result, it appears from the affidavit that it was the victim's son’s actions that started the whole thing.

According to the court, the victim’s son was angry about the electricity being turned off by Tufuga; he then began flipping tables inside the house, and making holes in the walls while at the same time yelling profanities.

Tufuga was sentenced to 12 months probation, subject to several conditions. He has to pay a $200 fine; $232 restitution; and remain law abiding.