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Two men convicted of receiving stolen property

American Samoa High Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The two men who were convicted for receiving stolen property and then selling the property they knew were stolen from a house in Tafuna received light sentences from the High Court last week — detention of 20 months for each of them, as a condition of their 5-year probation.

Jack Ulai and Anthony Poasa were still in custody since their arrest unable to post bonds of $15,000 each.

Ulai was initially charged with one count of receiving stolen property, a class C felony. But under a plea agreement with the government, he pled guilty to the amended charge of conspiracy to receive stolen property from another person, a class D felony.

With his guilty plea, Ulai admits that on the night of June 28, 2020 he agreed to help his friend Poasa sell electronic items to his cousin knowing that the items were stolen.

Ulai further admits that the items he helped Poasa sell exceeded $100 in value.

Co-defendant Poasa was initially charged with 2nd degree burglary, stealing, receiving stolen property, and trespassing.

Under a plea bargain with the government, Poasa pled guilty to receiving stolen property. The remaining charges were dismissed. With his guilty plea, Poasa admits that on June 28, 2020 he took stolen items from Ulai and sold it to another friend knowing that the items were stolen.

Poasa also admits the value of the items he stole was over $100.

Ass’t Public Defender Ryan Anderson represented both Ulai and Poasa, while Ass’t Attorney General, Kristine Soule appeared on behalf of the government.

Charges against the defendants stem from an incident that occurred in the middle of last year in which the pair allegedly broke into a home and took off with personal property. The homeowner was working during the time of the alleged break-in and only learned of the incident the following morning when she discovered that the back door to her house was damaged.

Ulai and Poasa appeared in court last week for sentencing.

When given the chance to address the court, each man apologized to the court for their actions and begged for a second chance to go back home to care for their family. Neither man apologized to the victim.

Ulai apologized to his family, village and church for what he did, and told the court that the 11 months he spent in prison has taught him a lesson for the future.

Poasa told the court that it was out of his carelessness and stupidity that he was pushed into breaking the law, and has wasted many months of his life in jail. He assured the court that if he gets a second chance, he will never appear in court again.

Anderson asked the court to grant another chance for his clients, allowing them to go back home and do something good for their future. He told the court that his clients are both young and still have a lot to learn in life. He then asked for a probated sentence without any additional detention.

The government’s attorney echoed the defense’s motion for a probated sentence. Soule told the court that despite being convicted of a felony charge, both young men are candidates for probated sentences. Soule asked the court to accept both defendants’ apologies and allow them a second chance to rebuild their young lives.

In delivering its decision the court told both defendants it has taken into consideration the fact that they are first offenders, they fully cooperated with the government during their investigation, and also they both are young and seem truly remorseful for what they did.

Reading from the Pre Sentence Report, the court noted that the motivation behind the defendant’s actions was to sell the stolen items so that they could go out and buy a case of beer for them and their friends.

The court then sentenced Uliai and Poasa to a term of probation of 5 years, subject to the following conditions with which they have to abide.

Both of them were ordered to serve a period of detention of 20 months, however, the court ordered them to serve only 16 months, while the remaining 4 months was stayed, based on their compliance with conditions of their probation.

While on probation, they are ordered to not consume alcohol or possess any illegal drugs. The are to submit themselves for random tests at any time when required by the Probation Office. Both of them are also ordered to remain law abiding throughout the period of their probation.