Ads by Google Ads by Google

Man who attacks with a machete said “the devil made him do it”

Territorial Correctional Facility, TCF
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The 55-year-old man from Samoa who has two different names in the court system, was ordered by Chief Justice Michael Kruse to depart the territory and remain outside of its borders upon release from the Territorial Correctional Facility (TCF), after being convicted of 2nd degree assault.

Setefano Petelo, also known as Setefano Vaifale appeared before the High Court on June 22, 2018 for sentencing, however, when the court found out that the defendant has two different names (on record), his sentence was then continued to last week Friday, June 29.

Petelo, who was still in custody unable to post a $10,000 surety bond, was initially charged with second-degree assault, a felony, and two misdemeanor charges, third degree assault and public peace disturbance. But under a plea agreement with the government, Petelo pled guilty to second-degree assault.

With his guilty plea, Petelo admits that on or about Jan. 30, 2018 he caused severe injuries to his nephew by striking his head with a machete. Petelo told the court it was his anger that caused him to injure his nephew.

Petelo appeared before the court on June 22 for sentencing and went through the process of apologizing for his actions — to the court, the government and the people of American Samoa for breaking the laws of the land, and humbly begged the court for another chance to straighten up his life.

He blamed the devil for his getting upset quickly and resorting to violence.

“I want to go home to care for my wife and children. I’m truly remorseful for what I did, it was not me who stirred up everything, it was the devil who was living inside me who tempted me to act violent when I’m angry,” Petelo told the court.

He admitted to the court that he has an anger problem and he needs to control it. The only way he knows to control his anger is to go to church every Sunday and leave his old life behind.

“I want to change my life and be a good man. I don’t want to go back to prison anymore. I want to have a happy family and I promise that I will never break the law again,” Petelo concluded with tears in his eyes.

Kruse asked the defendant if he is known by another name because the Immigration Office has a different name for him. The defendant answered yes and explained that his name used to be Setefano Vaifale.

“And why do you have two names?” Kruse asked the defendant.

Petelo explained that there was a time when he was instructed by a man named Malaetasi to no longer use the name Vaifale as his last name, but to use the name Petelo as his last name. The defendant further explained that he had a 2005 criminal case back then before then District Court Judge Malaetasi Togafau, and that was when his last name was changed to Peteto instead of Vaifale.

“Is the name Petelo on your passport?” Kruse asked the defendant. He responded, “Yes your honor.”

“So, where does the name Vaifale comes from?” Kruse asked another question. The defendant responded, saying that the name Vaifale is on his birth certificate.

Kruse then ordered a court clerk to check the court database for the name Setefano Vaifale and the search turned up a case under the last name Vaifale in 2005.

Kruse appeared frustrated, and turning to the prosecutor said that if Immigration loses any files for anyone coming to the court, the government has to notify the court because it makes a mess of his database.

“This is happening in my court like almost everyday. If the Immigration Office doesn’t have the file of a defendant or loses it, just tell us. (Not doing this) just makes things worse,” Kruse told the prosecutor, before continuing Petelo’s sentencing until last week Friday.

When the defendant’s case was called in court last week, his attorney, Acting Public Defender Michael White asked the court to sentence his client to a probated sentence, with a condition that the defendant leave the territory upon release from prison.

White told the court that every time he spoke to Petelo about the incident that landed him in court, he always told him that he’s truly remorseful for what he did, and he wanted to change his life.

Before delivering his decision, Kruse stated that Petelo was convicted of 2nd degree assault. The facts of the case include using a machete to cause severe injury to a family member — his nephew.

However, according to the court database, Petelo, who is also known as Setefano Vaifale was convicted by the District Court of 3rd degree assault in 2005. The facts of what happened back 12 years ago was that, the defendant went after his wife with a machete, while his wife was holding their 8-month-old child.

According to Kruse, after seeing the father’s action on that day in 2005, the defendant’s 4-year-old daughter then intervened and tried to stop her father from hurting her mother. However, Petelo then assaulted her.

Kruse then sentenced Petelo to 5 years imprisonment, execution of the imprisonment term was suspended, and the defendant was placed on probation for 5 years under certain conditions.

He was ordered to serve a period of detention of 20 months at TCF without release. All but 12 months of that detention was stayed, and the defendant was ordered to depart the territory and remain outside of its jurisdiction for the period of probation.