Pago Pago, AMERICAN SAMOA — An inmate who was held at the Territorial Correctional Facility (TCF) for 346 days while awaiting an Order to Show Cause (OSC) hearing has been ordered to serve out the remainder of his 5-year probation sentence behind bars, for failing to comply with conditions of probation.

Pulumu Fifita appeared in High Court last week for a Disposition Hearing, represented by Assistant Public Defender Rob McNeill. Prosecuting was Assistant Attorney General Christy Dunn.

Before the court delivered its decision, Fifita apologized for what he did and said his alcohol problem caused him to waste many days of his life in prison. He said he tried his best to start a new life after he was released, but his friends persuaded him to join them for a drinking session.

“I know I have to abide with all of the court's conditions; however, I failed to do my part and that’s why I ended up in prison again,” Fifita said. He begged for another chance so he can return home and care for his elderly parents. Fifita promised that if he is given another chance, he would find a job so he can pay his fine. Moreover, he will start going to church and start a new chapter in his life.

McNeill said that instead of revoking probation, the court could modify conditions of his client’s probation, and allow him to continue on probation, without any additional detention period — saying his client has already served more than 12 months in pretrial confinement, and that can be his sentence.

Prosecutor Dunn agreed with the submission, not to revoke probation but instead, modify its conditions.

Chief Justice Michael Kruse looked at the prosecutor and asked, “So, you want us to return him to probation to do nothing.”

“He has a drinking problem and he hasn’t bothered to visit Probation when he was released from jail. He hasn’t paid his fine and he does not have a job. So, we don’t know what he’s going to do if we place him again on probation.”

A recess was called and moments later, the case details were read aloud in court.

On Jan. 5, 2106, the government charged Fifita with stealing and first-degree burglary, both class C felonies. However, under a plea bargain, Fifita pled guilty to first-degree burglary and the remaining charge was dismissed.

He admits that he entered a Leone home at night without permission and stole several items from inside.

Kruse said the court had sentenced Fiffita to probation and ordered him to serve 20 months at the TCF as a condition. The court released Fifita in Apr. 2017 and conditions required him to seek employment, remain sober, and be law abiding.

Rather than taking the opportunity he was given, Fifita returned to his drinking life and as a result, he was arrested and charged in District Court of third-degree assault and disturbing the public peace in Aug. 2017.

He was sentenced to 120 days in prison, as a condition of his 1-year probation after a third-degree assault conviction.

 Fifita was served with a copy of his Order to Show Cause (OSC) from the High Court the same date he was sentenced in District Court, which was December 2017, He was scheduled to appear in High Court the following week.

Somehow, the case fell between the cracks and Probation was not aware.

Last month, Fifita appeared for a preliminary hearing, on the allegation that he violated conditions of probation.

After reviewing all the facts of the case, the court believes Fifita will do the same thing if he’s allow back out.

In the end, probation was revoked. “Defendant will serve the balance of his probation. Submit your request to the Parole Board,” Kruse said.