Pago Pago, AMERICAN SAMOA — A man convicted of assaulting another man by poking his neck with a knife and punching him in the face multiple times is going to jail. Finauga Naoupu, 46, who has been in custody since his arrest last year, unable to post a $15,000 surety bond, appeared in High Court last week for sentencing.

He was initially charged with first degree assault and false imprisonment, both felonies, punishable by up to 5 years in jail, a fine of up to $5,000 or both. But under a plea agreement with the government, he pled guilty to the amended count of second degree assault. The remaining charge was dismissed.

The victim told police Naoupu attacked him in his Tafuna home, following a verbal argument that was sparked by a discussion about family matters.

When given a chance to speak, Naoupu said he is ashamed of what he did to the victim, whom he considers a brother. He then apologized and asked for leniency. “I want to go back home and rebuild my life, and find a job so I can care for my wife and children.”

Defense attorney Rob McNeill said Naopu has accepted responsibility for his actions and he’s served over 18 months at the TCF. Letters of support for Naoupu from members of the community, the TCF chaplain, as well as his church pastor were presented to the court. The letters describe Naoupu as a hard working man and a friendly person in the village and in his family.

McNeill asked for probation, without any additional period of detention. Prosecutor Laura Garvey didn’t agree, saying Naoupu has a criminal history. She asked the court to sentence him to what is suitable under the law.

The court reminded Naoupu that he was initially charged with first degree assault, a class A felony that carries a life sentence; however, the government agreed to amend it to the lesser charge of second degree assault, a class D felony.

According to the court, Naoupu has a criminal record dating back to 2010. He was sentenced to 5 years probation in 2011 for a second degree assault conviction. For that incident, Naoupu struck a man on the head and body six times with a pipe metal

SENTENCE

Naoupu is sentenced to 5 years imprisonment and a $5,000 fine. Execution of sentence is suspended, and he is placed on probation for 5 years subject to several conditions. He has to serve 20 months at the TCF and upon release, he is to depart the territory and remain outside of its borders for the duration of probation. This condition, however, is stayed until further order of the court.

Naoupu is credited the 18 months he spent in pretrial confinement, meaning he only has to serve two more months before he is released.