Pago Pago, AMERICAN SAMOA — A man convicted of the unlawfully use of a weapon when he threatened his ex-girlfriend with a gun before he fired two shots into the ground and into the air — was released from the Territorial Correctional Facility (TCF) for 90 days to seek and secure gainful employment.

Taulagi Faavae, who had been in custody since his arrest last year, unable to post a $10,000 surety bond appeared in High Court 3 weeks ago for sentencing. However, his sentence was continued for another week, which was last week, because the court wanted to hear from the Immigration Office regarding Faavae’s immigration status.

Mr. Faavae’s defense attorney told the court that his client told him his immigration status expired Dec. 15, 2019 — while he was in custody.

The prosecutor told the court that Faavae’s immigration expired in Dec. 15, 2021, which mean, he’s an overstayer.

The defendant’s attorney told the court that according to his client’s wife, she is willing to renew Faavae’s immigration status.

The court told the defense attorney that the court’s problem is that she (wife) told something else to Probation — that she wanted to deport the defendant.

Last week, Faavae re-appeared in court for sentencing, where he was sentenced by the court to five years imprisonment and a fine of $1,000.

Execution of the imprisonment term was suspended and the defendant was placed on probation for 5 years subject to several conditions.

He was ordered to serve 20 months at the TCF. He was then ordered to serve 180 days, credited for the time he served while awaiting resolution of his case. Faavae was then ordered released for 90 days to seek and secure gainful employment.

If he can’t secure gainful employment, the court ordered him to return to the TCF to serve the remaining of his period of detention.

Upon release from detention, the court ordered him to immediately depart the territory and remain outside of its border for the duration of his probation. This order of the court was stayed until further order of the court.

Faavae was also ordered to pay his fine, not consume nor possess alcohol or any illegal drugs. He must submit himself for testing at the demand of the Probation Office to make sure he’s in compliance of the stay clean conditions.

The court also ordered Faavae not to have any contact with his ex-girlfriend, nor can he possess any firearm throughout the time of his probation.