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Man who stole power tools, lumber and rebar from his boss gets a break

American Samoa High Court building
Boss speaks to Probation on his behalf and said he would re-hire him
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man convicted of stealing and unlawful possession of illegal drugs was released from custody last week, after the court sentenced him to time served at the Territorial Correctional Facility (TCF).

Jessie Sefulu, who has a prior criminal record appeared in High Court last week for sentencing. He was charged with two separate criminal cases.

In the first case, Sefulu was initially charged with stealing and embezzlement, both class C felonies, along with trespass, a class A misdemeanor.

In the second case, Sefulu was charged with one count of unlawful possession of methamphetamine and one count of unlawful possession of marijuana, both unclassified felonies, each punishable by a term of imprisonment from 5 - 10 years, a fine of up to $20,000, or both.

But under a plea agreement with the government, accepted by the court, Sefulu pled guilty to the amended count of conspiracy to commit stealing and the amend charge of unlawful possession of meth, both class D felonies, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

With his guilty plea, Sefulu, who has been in custody since his arrest last year, unable to post a $10,000 surety bond admits that on May 15, 2020, he, along with his co-defendant, Matthew Loleni Jr, stole several power tools and lumber belonging to Benjamin Gasologa of Tafuna. Sefulu said he assisted his co-defendant by loading the stolen items onto his truck and transporting them elsewhere.

Sefulu further admits that when cops arrested him during a traffic stop one week after the stealing incident, police found two small stamp-sized baggies containing meth and two hand rolled marijuana cigarettes inside his wallet. Remaining charges were dismissed as part of the plea agreement between the parties.

Under the plea agreement, the government recommended probation and restitution of $1,300.

When given the chance to speak, Sefulu apologized and begged for another chance to return home to care for his wife and family. He also apologized to the victim, and blamed his alcohol problem for what he did.

“I’m truly remorseful for what I did and I beg for your forgiveness and another chance so I can go back home to change my life and care for my family,” Sefulu said, adding that he wanted to pay what he owes to his former employer for the items he stole.

The defense attorney asked the court to sentence his client to a term of probation as recommended by Probation. He said his client is a suitable candidate. According to the defense attorney, his client never benefitted from the items he and others stole from the victim. His only involvement was the fact that he was the driver of the truck that transported the stolen items away from the victim’s compound and straight to the house of the co-defendant,

The defense attorney further told the court that his client’s former employer, Mr. Gasologa told Probation that he has already forgave Sefulu and the co-defendant, Loleni Jr for what they did to him and his family and he wants them back to work for his construction company once they’re release from custody.

He then asked the court not to order his client to depart the territory, due to his illegal immigration status, but allow him to renew his immigration ID and find a job so he can care for his family and pay his fine and restitution.

The defense attorney told the court that his client is married to a U.S National and has six children with two grandchildren. He has lived in American Samoa for over 20 years and has strong ties to the territory.

Sefulu’s uncle was called to testify on behalf of the defendant’s family. According to the witness, Sefulu is like a son to him. He and his wife, along with their kids and grandkids, have lived on his family land in Malaeimi for over 20 years. and Sefulu is his right hand in everything from family matters, to the church and even the village.

According to the witness, Sefulu has a drinking problem and he’s advised him many times to change his life and stay away from alcohol and other illegal activities.

The government’s attorney echoed the public defender’s statement and asked the court for a probated sentence. The prosecutor told the court that the defendant is truly remorseful for his action and he’s a suitable candidate for a probated sentence.

Before delivering its decision, the court noted that Sefulu was convicted of unlawful possession of marijuana over ten years ago. The court pointed out that according to the Pre Sentence Report (PSR), Sefulu was intoxicated during the time of the offense and the sad part is, other men ran off with the stolen items while Sefulu ran off with the police.

Furthermore, Sefulu’s case got worse during his arrest after cops discovered illegal drugs in his possession.

Sefulu was sentenced to 5 years in jail. Execution of the sentence was suspended and he was placed on probation for 5 years subject to several conditions. He has to serve 20 months at the TCF without any release. He is credited the 11 months he’s already served. The remaining 9 months of detention was deferred until further order of the court. Sefulu is to pay a $1,000 fine within the first 12 months of his probation.

“Mr. Sefulu, we don’t like to see people again. If we see you again, maybe that will be the last time you will see us. So don’t come back to court. Do something good for your life and for your future,” the court said.

BACKGROUND

On August of last year, a businessman contacted police to report that two of his former employees had stolen items from his compound. Items stolen included several power tools, lumber and rebar.

The victim told police that the two former employees, Jessie Sefulu and Matthew Loleni Jr were fired from the company for misconduct. One week after they were fired from the company, several items were stolen from the company’s warehouse and according to the security guard, it was Sefulu and Loleni Jr who stole the items.

The following week on Aug. 23rd, 2020, a pick-up truck was pulled over by police in Nu’uuli for a traffic violation and the driver of the vehicle was Sefulu. During a body search, officers discovered methamphetamine and marijuana in Sefulu’s front pocket.

According to court records, Sefulu was convicted of unlawful possession of marijuana and was ordered to serve 20 months in jail, as a condition of his 5-year probation sentence handed down in 2010

That case came to light after police discovered a marijuana plant at his home in Aua, along with green leafy substances inside his shack.