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Man charged with robbery and stealing gets another chance

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 30-year-old man convicted of stealing a computer, a box of jewelry, one gold ring, a camera and a cellphone from an Asian store in Tafuna has been given another chance by the court.

Tamati Faalogo appeared in court last week for sentencing. He was initially charged with second-degree robbery and stealing; both felonies, along with a third count of property damage, a class A misdemeanor.

But under a plea agreement with the government, Faalogo pled guilty to stealing, a class C felony, punishable by up to 7 years in jail, a $5,000 fine or pursuant to A.S.C.A 46.2101, a fine equal to twice the amount of gain from the commission of the crime, up to a maximum of $20,000, or both the fine and imprisonment for each count.

Faalogo admits that he stole several items from an Asian store in Tafuna on the night of Mar. 21, 2019

When given the chance to speak, Faalogo, who has been in custody since his arrest last year, apologized and begged for another chance so he can return home and care for his parents. He also apologized to the victim and promised that he would pay back the money for the items he stole from the store.

When asked about the items he stole, Faalogo told the court that he sold all of the items in exchange for drugs and alcohol for himself and his friends.

Faalogo’s defense attorney asked the court to sentence his client to probation, without any additional period of detention. He said Faalogo is truly remorseful and has learned his lesson. The government’s attorney echoed the defense submission, saying the government believes Faalogo is remorseful.

Faalogo was sentenced to 7 years imprisonment. Execution of the sentence was suspended and he was placed on probation for 7 years, subject to certain conditions. He is to serve 28 months at the TCF; however, he will only have to serve 15 months, the remaining 13 months will be stayed, based on good behavior.  According to court records, Faalogo has already served 15 months at the TCF.

Upon release from confinement, Faalogo is ordered to remain law abiding and find a job to pay restitution of $1,109.

The court also advised Faalogo that this is his second conviction and if he appears in court again for any offense, there will be no more chances for him.

BACKGROUND

In 2012, Faalogo was sentenced to 5 years probation under the condition that he serve 20 months at the TCF, after being convicted of unlawful possession of marijuana. Faalogo’s probation expired in 2017.

Faalogo and another man were arrested for disturbing the public peace at the Utulei Beach during a weekend party with some of his friends. During a body search, police discovered two small baggies containing marijuana inside Faalogo’s right pocket.

One year later, he was arrested for burglary and stealing.