LIHU‘E — Staring at the possibility of spending five years in prison and a fine of up to $10,000, Dominador S. Abalos Jr. pleaded guilty to first-degree promotion of gambling for his role in a 2009 cockfight. But he may
LIHU‘E — Staring at the possibility of spending five years in prison and a fine of up to $10,000, Dominador S. Abalos Jr. pleaded guilty to first-degree promotion of gambling for his role in a 2009 cockfight.
But he may serve no jail time and be sentenced to five years of felony probation if 5th Circuit Judge Kathleen Watanabe abides by terms of a plea agreement reached by Sam Jajich, county deputy prosecuting attorney, and James Lewis, attorney for Abalos.
Abalos, 54, of Kapa‘a, was arrested July 14, 2009, and charged with first-degree promotion of gambling, cruelty to animals and possession of a gaming device after Kaua‘i police officers raided a cockfight March 15, 2009.
In exchange for Abalos’ guilty plea, Jajich agreed to drop the charges of cruelty and possession of a gaming device, both misdemeanors.
There is also the possibility that — if Watanabe agrees to allow Abalos to defer his acceptance of guilty and stays clean for the duration of his probation — the cockfighting part of his criminal record will be erased.
Abalos pleaded not guilty and requested a jury trial in August 2009. He changed his plea Oct. 13, 2010.
The promotion of gambling charge is a class C felony.
Jajich said Abalos knowingly participated in bookmaking at the cockfight, handling over five bets totaling more than $500.
If Watanabe abides by the terms of the plea agreement and his pre-sentencing investigation report comes in a favorable fashion, Abalos may get no jail time at all.
“‘Cause I taking responsibility for what I did. I not going to do this no more,” Abalos said when Watanabe asked him why he was changing his plea from not guilty to guilty.
Watanabe did not accept his guilty plea because of the DAG request. The judge set a hearing on her decision on the motion for his DAG request and, if necessary, his sentencing for 9 a.m., Jan. 12.
Several others were also arrested on gambling and cruelty-to-animals charges in connection with the same cockfight, but the charges against them were dropped.
• Paul C. Curtis, assistant editor and staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
