Judge Kathleen Watanabe yesterday upheld the 40-year sentencing of a man convicted of kidnapping and sexually assaulting a Canadian tourist in 2004.
James Mundon, 52, of Kapa‘a, was found guilty Dec. 20, 2006, of first-degree terroristic threatening, kidnapping, third-degree assault, and first- and second-degree attempted assault when a jury returned a guilty verdict after deliberating for slightly more than one day.
Mundon was appealing the two consecutive 20-year terms Watanabe sentenced him to for the crimes, however, she denied his request.
Watanabe did, however, give Mundon credit for time served during the duration of the case.
According to records from the Prosecuting Attorney’s office, Mundon lured his victim by claiming to help her find a hotel room Feb. 5, 2004. The tourist had been waiting for a friend when Mundon had offered to let her rest in his car, court documents state.
Mundon then took her to Marine Camp in Lihu‘e, where he sexually assaulted her.
The woman, who said she had grown tired after waiting to meet a friend, had fallen asleep in Mundon’s car. Awakened by Mundon molesting her, the victim stated when she tried to leave the truck, he put a knife to her throat.
While in the cab of his truck, Mundon had forced her to take off her clothes. In her sandals and underwear, she tried to get away.
The victim’s testimony in court documents states that after attempting to flee, Mundon chased her, tackled and punched her.
When Mundon captured her and told her he could do what he wanted with her and kill her, the victim convinced him she wouldn’t be able to run away if she were no longer wearing sandals. After taking them off, however, she successfully ran for help to the Kaua‘i Beach Villas, First Deputy Prosecuting Attorney Jennifer Winn said.
Mundon has a long criminal history, which includes a case for a second-degree assault conviction in 2001, for which he was on probation when he assaulted the tourist.
Mundon was charged with first-degree rape, sodomy, kidnapping and two counts of first-degree sexual abuse but was found not guilty by a jury in 1986.