Probation given in sex assault case

  • Contributed photo

    Barry Thomas

LIHUE — A man was sentenced to one year of probation Wednesday in Fifth Circuit Court on a charge of sexual assault in the fourth degree, a misdemeanor, and was ordered to register as a sex offender.

Barry Thomas, 42, of Kapaa, listened quietly as his attorney Samuel Jajich addressed the court on his behalf.

“I just want to note to the court that all told, Mr. Thomas has 206 days credit for time served. The agreement is he’ll be placed on probation for one year with credit for time served,” he said.

Thomas, who was charged with sexual assault of a minor, declined to comment during the proceedings.

“First of all, you are placed on Hope Probation for a period of one year, and you’ll be supervised by the Hope Probation office,” said Judge Kathleen Watanabe.

“Failure to successfully complete the program will be considered a violation of a substantial condition of probation and as a result your probation may be revoked” and you will be given the maximum sentence provided by law, Watanabe said.

In addition to probation, Thomas was ordered to pay the cost of extradition in the amount of $2,929.30 to the County of Kauai, ordered to attend sex-offender treatment, and is not permitted to own pornographic material.

There was no victim-impact statement made during the proceedings.

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Bethany Freudenthal, crime, courts and county reporter, can be reached at 652-7891 or bfreudenthal@thegardenisland.com.

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