LIHU‘E — Micah Makana Moke, 20, of Koloa, got an unexpected extra week of freedom Thursday when his sentencing was continued to Feb. 18. After pleading no contest to two charges in a plea agreement he was found guilty of
LIHU‘E — Micah Makana Moke, 20, of Koloa, got an unexpected extra week of freedom Thursday when his sentencing was continued to Feb. 18.
After pleading no contest to two charges in a plea agreement he was found guilty of first-degree negligent homicide for allegedly causing a two-car accident in ‘Ele‘ele that killed Roman Cruz Sr. of Kekaha, and was scheduled to be sentenced Thursday.
But because a pre-sentencing diagnostic report was not given to his attorney, state deputy public defender John Calma, in time for Calma and Moke to go over the report before the sentencing, 5th Circuit Judge Randal Valenciano agreed to the continuance requested by Calma.
Valenciano wanted to continue the matter for one day, to Friday, but that was a furlough day for public defenders, so that rescheduling was not possible, he said.
The judge said he routinely requests pre-sentencing reports, known as PSIs (pre-sentencing investigations), a week before the scheduled sentencing.
But due to state Judiciary furloughs and a recently lifted hiring freeze that prevented hiring probation officers for vacant positions, that routine PSI work has gotten behind schedule, said Valenciano.
The situation was created by Judiciary staff not preparing the PSI report in a timely manner, something frustrating to Valenciano and county Prosecuting Attorney Shaylene Iseri-Carvalho, who was prepared to proceed with sentencing.
Moke could be sentenced to up to 30 years in prison by Valenciano for his alleged crimes in this case, including third-degree promotion of a dangerous drug (crystal methamphetamine, or ice). Charges dropped in exchange for Moke’s no-contest plea include a second charge of third-degree promotion of a dangerous drug, two counts of unlawful use of or possession with intent to use drug paraphernalia, and having an un-permitted firearm in his possession.
Cruz’s family had flown in from the Mainland for the sentencing, and were prepared to make a statement, said Valenciano. They will stay over until the rescheduled sentencing, said Iseri-Carvalho.
Valenciano apologized to the family for the delay and the Judiciary’s “failure.”
“This is the state of the Judiciary right now,” he said.
The delay “adds to the (victim’s) family’s anxiety,” said Iseri-Carvalho.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
