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Unemployed repeat offender gets sent to jail — Judge says he doesn't deserve probation

Territorial Correctional Facility, TCF

Pago Pago, AMERICAN SAMOA — A repeat offender that Judge Elvis P. Patea says doesn't "deserve" probation was remanded to custody yesterday to start serving a 30-day jail term at the Territorial Correctional Facility (TCF).

Felise Silailai appeared in District Court yesterday morning for a pretrial conference where, under a plea agreement with the government, he pled guilty to public peace disturbance for an incident that occurred October 2018 whereby he was making noises while under the influence of alcohol.

Attorneys from both sides recommended probation.

In handing down Silailai's sentence, Judge Patea noted that the defendant is not a stranger to the court. According to his extensive rap sheet, Silailai was charged with third degree assault in 2014 and 2015. In 2014, he was also charged with third degree property damage and resisting arrest. In 2011, he was charged with public peace disturbance and third degree assault, and was charged twice in 2009 for private peace disturbance and public peace disturbance. In 2008, he was charged with public peace disturbance.

Judge Patea noted that in most of the cases, Silailai was sentenced to probation. It was only in 2015 that Silailai was given "some jail time" for an assault case.

"I don't know why the attorneys have agreed to put you probation, again, this time," Judge Patea said, adding that it is obvious that probation is not working for Silailai.

"Probation is useless for you and you don't deserve it," Judge Patea continued.

When asked if he had a job, Silailai told the court that he hasn't been employed "for a while".

"You have no job, you're always drunk and being a nuisance to everyone," the judge said. He then sentenced Silailai to 30 days at the TCF, and he is to start serving his time immediately.