Fifth Circuit Court proceedings

One man had his supervised release from jail revoked, a one-time council candidate is trying to iron out some wrinkles for a plea offer, a woman had her hearing postponed on grounds of mental capabilities, and an accused sex offender’s trial was postponed pending further charges – just some cases heard in Fifth Circuit Court Thursday morning, Judge Clifford L. Nakea presiding.

– Freedom Harmony, 22, was in court for a hearing regarding the supervised release he was granted earlier this month after charges of terroristic threatening.

“I have a wife, a job out there. I’m starting to build my house. I’ve worked 22 years to get this far,” Harmony entreated Judge Nakea.

However, Nakea revoked Harmony’s supervised release, which was dependent upon his getting regular treatment and not getting into more trouble, which happened when he broke some equipment while at Mahelona, and will be put back into a state mental health hospital pending a three-doctor psychological evaluation.

– Robert Cariffe, a recent, unsuccessful County Council candidate, continues to work out a deal with the prosecutor’s office for charges of harassment, family abuse and resisting arrest in a case involving an altercation with his wife and several KPD officers.

He will be in court again next week to discuss the status of the plea agreement and if he will be asking for a deferment, which if granted would allow his clean criminal record to be reinstated after a year.

– Detchana Mekchay, 28, charged with third-degree assault, one count of first-degree burglary and four counts of kidnapping, will be sentenced next March 6.

He pleaded to all four counts of assault, which are misdemeanors. The kidnapping charge was reduced to unlawful imprisonment, a class C felony punishable by up to five years (the original charge was a class A felony punishable by up to 10 years). Mekchay also wanted his bail reduced so he could get out while awaiting sentencing.

Prosecutors records showed that on July 23, he was at his ex-girlfriend’s house and wouldn’t leave when asked. The three children present were all injured by him in some way – kicked, punched, shoved and bruised. Finally, the woman and her kids pushed him out and locked the doors, but Mekchay banged on the windows and stayed in the garage overnight. Somehow, she was able to get out and walk to the police station, where she filed a police report against Mekchay.

– Roy Rita, an accused child molester and sex offender, has had his trial postponed again pending further charges, according to the prosecutor’s office.

Several members of Rita’s family joined him in the courthouse Thursday. As has seemingly been the norm lately for those charged with sex crimes, Rita’s trial may be abandoned in favor of a plea offer, but he is scheduled to appear Dec. 19 for trial.

– Carla Banasihan, charged with family abuse, is still in jail despite being scheduled to enter a plea two weeks ago. She consented to a three-panel psychiatric evaluation to determine whether she is fit to do so, and is considering applying for free services from the public defender’s office though she said she doesn’t know if she can trust “the state.”

– Shane Chandler, 21, granted a deferred acceptance of a guilty plea last July to breaking into a car in Dec. 2000, broke the terms of probation and was arrested for assault, unauthorized entry of a motor vehicle and property damage this May.

In a plea agreement, he took unauthorized entry of a motor vehicle and other charges were dropped. Police reports had Chandler near Kamalani Kai Bridge, when he got into a fight and tried to punch Daniel Andres through Andres’ open car window. He also punched a closed window, which shattered and reportedly injured a passenger in the car. Chandler will be sentenced next March 6.

– Roy Gouveia, 23, on probation after being sentenced in July to credit card theft and forgery, claimed he completed 25-30 hours of his 600 hours of community service at the Kapa’a Neighborhood Center, but the community service coordinator has no records or paperwork of it.

According to Gouveia’s probation officer, Gouveia has not come to meetings or made payments to the crime victims’ compensation fund or probation services (a total of Dec. 11. But Nakea gave Gouveia until Dec. 19 to “change some of the negatives.”


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