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Young man convicted of multiple charges is going back to jail

TCF Territorial Correctional Facility sign
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A young man convicted of another crime while still on probation was ordered to serve his period of detention that had been suspended by the court at the beginning of this year, which is 38 days at the Territorial Correctional Facility (TCF).

Jonathan appeared in court last week for two separate hearings — a pretrial conference for his new case and disposition hearing for his previous case.

Court records show that while Mikaele was on 6 months probation for a PPD conviction at the beginning of the year, he was arrested by police in August of this year for another criminal case, where he was charged with trespass and 3rd-degree property damage.

When Mikaele’s case was called, his defense attorney informed the court that they had reached an agreement with the government on his new case.

According to terms of the plea agreement, Mikaele would plead guilty to 3rd degree property damage and both parties recommended probation with the condition that Mikaele pay restitution in the amount of $413 for damaging the victim’s property.

Furthermore, both parties also recommended to the court not to revoke Mikaele’s probation, but instead to modify it.

Facts of the case show that around August of this year, Mikaele went to the victim’s home uninvited and damaged his property including a chain-saw; a glass door at the side of the house; and 6 windows, which cost $413.

In delivering its decision, the court reminded Mikaele that when he appeared in court for sentencing with his previous matter, the court suspended his period of detention of 38 days. The court then revoked his probation and ordered him to serve the 38 days at the TCF.

In the new matter, the court sentenced him to 6 months probation under the conditions that he pay restitution in the amount of $413 and that he serve 45 days at the TCF. He was credited for the two months he served at TCF while awaiting the outcome of his case.

Since Mikaele had served more time than the period of detention the court ordered him to serve, he was released from custody after sentencing.

Mkaele was also reminded that the court wants to see that he has paid half of his restitution when he appears in court on June 21st for a probation review hearing.