Pago Pago, AMERICAN SAMOA — The 67-year-old taxi driver convicted of sexually abusing a 9-year-old girl was ordered by the High Court to serve 20 months at the Territorial Correctional Facility (TCF), as a condition of his 5-year probation.

During the time of the incident, Pitone Sivatia was a tenant at a rental unit in Pago Pago, where the victim and her family also stayed.

Sivatia, who has been in custody since his arrest early last year, unable to post a $5,000 surety bond, was initially charged with two counts of first degree sexual abuse, a class D felony; and endangering the welfare of a child, a class D misdemeanor.

But under a plea agreement with the government, Sivatia pled guilty to one count of first degree sexual abuse, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

With his guilty plea, Sivatia admits that on Jan. 28, 2018, he sexually abused a 9-year-old girl by touching her private parts - and upwards to her breast - in a sexual manner.

Assistant Public Defender Ryan Anderson told the court that his client has already served 16 months at TCF. He then asked for a probated sentence without any additional period of detention.

According to Anderson, his client is truly remorseful and he takes full responsibility for his actions. He said Sivatia learned a good lesson while detained, and he was a law abiding citizen his whole life, until this incident occurred.

Anderson said his client was a good man who supported his family and friends, but everything changed when alcohol came into his life.

“Give him another chance to prove to the court that he can change his life and become a good member of the community,” Anderson said.

Prosecutor Christy Dunn echoed the defense’s submission for a probated sentence, but asked for a period of detention. She said a message needs to be sent to the community, to let everyone know that the court will not take these types of actions lightly.

She also recommended counseling, and for Sivatia to register as a sex offender.

A recap of the facts of the case was made before the sentence was handed down.

According to the court, it was an off-duty officer who contacted the DPS main office in Fagatogo regarding the possible sexual abuse of a 9-year-old girl.

Responding cops met with the off-duty officer, together with the victim and her mother. Sivatia is the victim’s neighbor, and he was still inside his rental unit when police arrived.

In the presence of her mother, the victim told police what had happened. The girl's mom said she was informed of the situation but added that this isn't the first incident involving her family and Sivatia.

According to her, a year prior, Sivatia also sexually abused her older daughter, but it was not reported, because both parties decided to settle the matter privately.

When questioned by police, Sivatia denied that the victim came to his room — that he never saw the 9-year-old girl at his house the entire day.

He said the only people that came to his house were his nieces — one came to drop off food in the morning, and the other niece stopped by in the evening to hang out.

With regards to the beer, Sivatia told police that it was left over from Saturday, and he drank it on Sunday.

Chief Justice Michael Kruse sentenced Sivatia to 5 years imprisonment and a fine of $5,000. Execution of sentence is suspended, and Sivatia is placed on probation for 5 years subject to several conditions.

He has to serve 20 months in jail and upon release, he is to depart the territory and remain outside of its borders for the duration of his probation. This condition is stayed until further order of the court.

By statute, Sivatia has to undergo HIV testing and register as a sex offender.

He is not to make any direct or indirect contact with the victim and her family, and while in American Samoa, he may not rent in Pago Pago where the victim and her family reside. He has to find someplace else to stay.

Sivatia is to remain drug and alcohol free, and he is subject to random testing.

Anderson told the court that the victim and her family are no longer living in Pago Pago, and asked if Sivatia can return to his rental unit there.

Kruse replied, “No, my Probation officer has different information regarding the victim and her family. So, advise your client to comply with the order of the court.”

The Chief Justice then turned to Sivatia and told him that if he fails to comply with conditions of his probation, the court has two options for him: Put him on the boat or plane and send him back to Samoa; or he will serve the balance of his probation and pay the $5,000 fine.

“So keep that in mind; one glass of beer can send you back to Samoa or to jail for 5 years,” Kruse warned.