Pago Pago, AMERICAN SAMOA — A man convicted of stealing lumber and cement was released from custody last week, after the court sentenced him to time served at the Territorial Correctional Facility (TCF).

Tele’a Iese who has a criminal record appeared in Court earlier this month for sentencing.

Faasavalu was initially charged with stealing and embezzlement, both class C felonies, along with trespass, a class A misdemeanor.

But under a plea agreement with the government, accepted by the court, Iese pled guilty to the amended count of conspiracy to commit stealing, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.

With his guilty plea, Iese admits that on July 15, 2020, he, along with another person, stole lumber and cement belonging to a local business in town. Iese said he assisted his co-defendant by loading the stolen items on to a truck and transporting them elsewhere.

Under the plea agreement, the government recommended probation and restitution of $1,600.

The defense called one witness to the stand, Lupe Masani, who testified that she’s known Iese for over 20 years and he called her from the TCF, asking if she could testify on his behalf.

According to the witness, Iese is like a son to her. He and his wife, along with their kids and grandkids, have lived on her family land in Nu’uuli for years. and Iese is her right hand in everything from family matters, to the church and even the village.

According to Masani, Iese has a drinking problem and she’s advised him many times to change his life and stay away from alcohol.

When given the chance to speak, Iese apologized and begged for another chance to return home to care for his wife and family. He said the 11 months he spent in custody taught him a good lesson.

He also apologized to the victim, and blamed his alcohol problem for what he did. He promised that if given another chance, he would never break the law again, nor would he congregate with his friends who drink; instead, he will use the rest of his life to look after his family.

“I’m truly remorseful for what I did and I beg for your forgiveness and another chance so I can go back home to change my life and care for my family,” Iese said.

Both attorneys recommended probation, saying Iese is a suitable candidate. The defense attorney told the court that his client never benefitted from the items he and others stole from the victim.

He then asked the court not to order his client to depart the territory, due to his illegal immigration status, but allow him to renew his immigration ID and find a job so he can care for his family and pay his fine and restitution.

Before delivering its decision, the court noted that Iese had been convicted of unlawful possession of marijuana ten years ago. The court pointed out that according to the Pre Sentence Report (PSR), Iese was intoxicated during the time of the offense and the sad part is, other men ran off with the lumber and cement while Iese ran off with the police.

Iese was sentenced to 5 years in jail. Execution of the sentence was suspended and he was placed on probation for 5 years subject to several conditions. He was ordered to serve 20 months at the TCF without any release. He is credited the 11 months he’s already served. The remaining 9 months of detention was deferred until further order of the court. Iese is to pay a $1,000 fine within 6 months.

“Mr. Iese, we don’t like to see people again. IF we see you again, maybe that will be the last time you will see us. So don’t come back to court. Do something good for your life and for your future,” the court said.

BACKGROUND

According to court records, Iese was convicted of unlawful possession of marijuana and was ordered to serve 20 months in jail, as a condition of his 5-year probation sentence handed down in 2008.

That case came to light after police discovered a marijuana plant at his home in Nu’uuli, along with green leafy substances inside his shack.