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Repeat offender enters into plea agreement — but still faces probation revocation

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Pago Pago, AMERICAN SAMOA — A young man from Tafuna with a long criminal history entered into a plea agreement with the government two weeks ago in District Court.

Avei Tupuse, who is on probation, was initially charged with 4 misdemeanors including 2 counts of third degree assault, resisting arrest, and public peace disturbance.

However, under a plea agreement with the government, Tupuse pled guilty to public peace disturbance and the remaining charges were dismissed.

With his guilty plea, Tupuse admits that on Aug. 19, 2020 in Tafuna, he disturbed the public peace by being involved in a fight, during which he became loud and created fear to others.

The court sentenced Tupuse to 6 months (180 days) probation.

According to court records, Tupuse has been detained since his arrest and therefore has already served 125 days in prison.

The court then ordered that Tupuse be released from the TCF, however he will remain at TCF, pending a hearing to revoke his probation in the High Court at the end of this month.

During court proceedings, Tupuse apologized for what he did, saying he is remorseful and that he has learned his lesson. He also apologized to his mother and family, especially those who were affected by his actions.

The government's case states that on the day of the incident, police responded to a call from someone in the Tafuna area, requesting police assistance to a disturbance.

When the cops arrived, an unknown male, who was later identified as Tupuse, yelled profanities at the police and asked them to leave the area.

In 2017, the High Court placed Tupuse on probation for five years, after he was convicted of felony driving and resisting arrest. As a condition of his probation, he was ordered to serve 20 months in jail and remain a law abiding citizen.