Pago Pago, AMERICAN SAMOA — A man convicted of violating conditions of his 2-year probation was released from the Territorial Correctional Facility (TCF) yesterday morning during his sentencing after the court determined that the 115 days he already served while awaiting the outcome of his case is enough for his sentence.

Ethan Mauga, a former firefighter appeared in High Court yesterday morning for sentencing. He was represented by Assistant Public Defender Ryan Anderson while prosecuting the case was Assistant Attorney General Kristine Soule.

Mauga, who has been in custody since his arrest in August of this year was initially charged with one count of 3rd degree assault; one count of criminal contempt involving domestic violence and one count of disturbing the private peace; all misdemeanors.

But under a plea agreement with the government, accepted by the court last month, Mauga pled guilty to the offense of criminal contempt involving domestic violence, a class D felony, punishable by imprisonment of up to five year, a fine of up to $5,000, or both.

The circumstances stem from an incident that occurred on Aug. 17 around 8:05p.m when a man contacted the Tafuna Police Substation (TPS) for assistance after he heard a woman, his neighbor, screaming for help while her male partner was allegedly beating her up.

Several police officers responded to the call and met up with the reporter, who told police that he heard his neighbor screaming and said, “Mauga, stop hitting me” and then he heard the victim say, “Somebody, please call the cops.” At that point, he immediately called the TPS for assistance.

The reporter further stated to police that this is not the first time he has heard the victim and Mauga argue or get into a confrontation.

Officers met up with the victim at her residence at which point she told investigators that they had had a verbal argument. Investigators then requested to speak with Mauga. The victim went into the house and was heard arguing with Mauga again. Investigators then informed Mauga that he was going to be taken into TPS but Mauga told them that he wasn’t going to go to the TPS and that he was going to flee.

As Mauga tried to exit the back door, officers apprehended him and immediately transported him to the TPS.

When given the chance to address the court, Mauga apologized for his action and begged for a second chance to return home to be with his family. He told the court that he’s truly remorseful for what he did and promised that he will never do it again.

His defense attorney asked the court to sentence his client to a term of probation saying that Mauga is a suitable candidate for a probated sentence. He further stated that his client is truly remorseful for what he did and that his wife (the victim in this case) wanted him back home to support her in caring for their children.

Anderson told the court the victim had visited his office and told him that she wanted her husband (defendant) to come back home to assist her in providing for their family and caring for their three young children. Anderson stated that according to the victim, nobody is at home to care for their children when they came home from school while she is at work.

A brief recess was called by Associate Justice Fiti Sunia to allow Anderson to speak to the victim who was in court — asking if she wanted to make a statement to the court on behalf of her children.

After the brief recess, Anderson stated that the victim wished to offer a statement to the court if the court accepted her request for a closed door hearing due to the fact that her young children are involved. The court did not agree to a closed door hearing and the case continues with the victim not taking the witness stand to offer a statement.

The prosecutor asked the court for a probated sentence and an additional period of detention. Soule reminded the court that this is not the first time the defendant has disrespected a court order. The government felt that the defendant deserved to be locked up for a long period of time.

In consideration of all factors in the case, the court pointed out that this case is an emotional case because it involved young children.

Sunia reminded the defendant how the court is very aware of the defendant’s history involving physical violence. He has a record in District Court where he appeared in court numerous times, now, he also has a record in High Court where he has appeared more than once.

The court then told Mauga that his request for “one more second chance” is accepted under one condition, “This will be your last chance.”

The court told Mauga that if he appears in court next time, the court will not hear any more emotional submissions regarding his young children, or listen to his wife’s emotional statement about their family. The court told Mauga that they don’t want to see him in court anymore.

The court sentenced Mauga to a period of 5 years imprisonment. Execution of imprisonment is suspended and Mauga is placed on probation for a period of 5 years, subject to several conditions, including paying a $1,000 fine, being law abiding, keeping the peace at his home and never harming his wife.

He is also to serve a period of detention of 20 months at the TCF and is credited for the 115 days he already served during his pretrial detention, and the balance of detention is suspended based on good behavior.

BACKGROUND

The many appearances in District Court, as well as High Court by Mauga all revolve around PPD involving domestic violence directed at the same victim. The court at one point issued a ‘no contact’ condition and at the time the court said it would only revisit the condition if they feel the victim and her children’s lives are no longer in danger.