Pago Pago, AMERICAN SAMOA — A man, who is on probation for 5 years after being convicted for giving marijuana cigarettes to a high school student two years ago was ordered by the High Court to immediately depart the territory and remain outside of its borders for the duration of his 5-year probation. This was after been convicted of violating conditions of his probation when he tested positive for meth two months ago.

Despite his plea to the court with tears in his eyes for a second chance to return home and care for his family, Judge Elvis P. Patea told Molieletise Salu that he was given numerous chances but he failed to prove himself.

Salu, 44, who has been in custody since March of this year when he tested positive for methamphetamine appeared in High Court this week for his Disposition Hearing. He was represented by Assistant Public Defender, Rob McNeill, while prosecuting the case was Assistant Attorney General, Laura Garvey.

When given a chance to address the court, Salu apologized for his action and asked for a second chance to return home and care for his wife and children. He also apologized to his family, especially his wife and children for the many mistakes he’s made in life.

With tears in his eyes, Salu told the court while living in prison for the past 49 days, he realized that what he did was wrong and he now understands the reality of life when you violate a court order.

His defense attorney, McNeill asked the court to give his client a second chance and allow him back on probation. According go McNeill, his client’s immigration I.D expired on Dec. 19, 2019.

Prosecutor, Garvey echoed the defense’s statement and requested the court to adopt the recommendation by Probation office containing in the Pre Sentence Report (PSR).

In delivering the court’s decision, Patea said that looking at the terms of the plea agreement between the defendant and the government back in 2018, the court was concerned when reviewing facts of the case.

The facts of the case stated that the defendant was arrested and convicted after he provided marijuana to a high school student, who is a relative. The high school student went to school and made a business selling marijuana cigarettes to other students, which was of more concern to the court.

Patea said during the defendant’s sentencing, the court gave him many chances with the hope that he would walk the right path.

The court stated that the defendant’s conviction was unlawful possession of illegal drugs, and the new allegation before the court today (yesterday) is also drugs. For that reason, Patea said that the court is not confident that this defendant will comply with conditions given by the court.

For that reason, the court revoked Salu’s probation, and ordered that Salu immediately depart the territory and remain outside of its border for the duration of his probation.

Salu will only be released to Probation, and he will then be transported to his port of exit as soon as the border is opened up again.

The court also ordered the Probation Office to coordinate with the defendant’s sponsor to arrange for his travel document and fare.

FACTS OF THE CASE

Salu was originally charged with one count of unlawful possession of a controlled substance, to wit; marijuana with the intent to distribute, a felony punishable by not less than five or more than ten years in jail, and a fine of not less than $5,000 or more than $20,000, or both.

However, in a plea agreement with the government, Salu pled guilty to unlawful possession of a controlled substance, to wit; marijuana with the intent to distribute.

With his guilty plea, Salu admits that on Nov. 12, 2017 he unlawfully distributed marijuana to another person, a student at one of the local high schools.

The court sentenced Salu to 5 years probation on the condition that he serve 20 months at the TCF without release, and he would be credited for time served — which was over 12 months. The remaining 8 months was stayed based on his good behavior.

The court ordered Salu to immediately depart the territory and stay away for the remaining period of probation upon release from detention. However, the court stayed that condition, based on Salu’s good behavior.

According to the government’s case, detectives of the DPS Vice & Narcotics Unit received a call from a staffer at Fagaitua High School, alleging that students were caught by the school janitor smoking marijuana on campus.