LIHU‘E — Gary Chmielewski, 61, who a prosecutor said has been in trouble with the law for two-thirds of his life, on Wednesday dodged significant jail time, at least for the time being. Fifth Circuit Judge Kathleen Watanabe sentenced Chmielewski
LIHU‘E — Gary Chmielewski, 61, who a prosecutor said has been in trouble with the law for two-thirds of his life, on Wednesday dodged significant jail time, at least for the time being.
Fifth Circuit Judge Kathleen Watanabe sentenced Chmielewski to five years of probation, 90 days in jail (with credit for time served), and “onerous conditions” attached to his probation, for an assault and terroristic threatening conviction.
Watanabe warned Chmielewski that if he doesn’t adhere to the terms of probation, she will sentence him to five years in prison.
“Time to grow up, Mr. Chmielewski,” Watanabe said.
The assault and terroristic threatening charges arose over an altercation with another man in which Chmielewski pulled a machete.
Lori Wada, first deputy prosecuting attorney, called Chmielewski the oldest active gang member in the world, saying for 40 of his 61 years he has been involved in “criminality” involving alcohol and violence.
“California sent the absolutely wrong message” by giving Chmielewski less jail time for increasingly violent behavior, said Wada about Mainland cases, adding that it is her recommendation that probation in the Kaua‘i case is appropriate.
The victims aren’t seeking restitution and didn’t want to address the court at Wednesday’s sentencing, Wada said. “They want to be done with this defendant.”
Chmielewski was drunk during the incident, doesn’t remember portions of it, but does need to attend anger-management and substance-abuse classes after his release, Wada said.
“He has to stop drinking.”
Public Defender Edmund Acoba said Chmielewski has 25 years of no convictions, no contact with the judicial system, is remorseful and used bad judgment, but Wada argued that Chmielewski didn’t say he was sorry, is not apologetic and not “rehabilitative.”
In addition to the probation and jail time, Watanabe ordered Chmielewski to pay a $105 victim-compensation fund fee and $150 probation-services fee, which she said could come from the $2,000 cash he put up for his bail.
Chmielewski was further ordered by Watanabe to seek and maintain full-time employment or training after his release, attend anger-management classes at his own expense, perform 200 hours of community service, and submit to a substance-abuse evaluation and treatment if deemed necessary by his probation officer.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com
