A man convicted of striking his 14-year old nephew with a folding chair has been sent to jail for 20 months for the crime.
Samoa News reports Teofana Tupa has been in jail since his arrest in July unable to post bond of $10,000.
Therefore he has 13½ months to left in his sentence.
When he pleaded guilty to one count of abuse of a child, Tupa admitted that on July 17, 2020 he assaulted his nephew by striking his head and body with a metal folding chair, causing severe injury to the boy.
During sentencing, the prosecutor, Assistant Attorney General Kristine Soule opposed a request by Public Defender Mike White for a probated sentence for Tupa.
He said that the defendant’s time in jail has taught him that breaking the law has consequences.
The prosecutor said the defendant was a violent person. He was born in American Samoa but grew up in Tonga and lived there until two years ago. She said the government doesn’t have a report about Tupa’s history while he was living in Tonga.
Soule asked the court to deliver a sentence that would make the defendant take notice and change his behavior or deter him from assaulting again.
Associate Justice Fiti Sunia said using a metal folding chair to strike a minor is a truly violet action and it shows the defendant’s lack of love for the young victim. The only mitigating factor for the defendant in the court’s view was that he’s a young adult.
Tupa was sentenced to 5 years in jail but his sentence was suspended and he was placed on probation for 5 years on condition that he serve 20 months in jail, pay a fine of $2000 within the first 12 months of his probation. He has to find a job so he can pay this fine.
If he violates any ot the conditions of his probation he will be sent straight to jail to serve the remainder of his probation term.
Assisting Associate Justice Sunia at the bench were Chief Associate Judge Mamea Sala Jr and Judge Tunupopo Tunupopo.
