LIHU‘E — Lancelot Zachariah Johnson was granted conditional release and approval to join the HOPE program. Johnson, 35, of Kapa‘a, appeared Thursday in Fifth Circuit Court before Chief Judge Randal Valenciano, the same judge who sentenced him to five years
LIHU‘E — Lancelot Zachariah Johnson was granted conditional release and approval to join the HOPE program.
Johnson, 35, of Kapa‘a, appeared Thursday in Fifth Circuit Court before Chief Judge Randal Valenciano, the same judge who sentenced him to five years probation in 2009 for first-degree assault.
The court agreed to probation officer Jack Viohl’s recommendation to place Johnson in the HOPE program (Hawai‘i’s Opportunity Probation with Enforcement), an incentive to reduce probation violations and avoid jail with classes and drug testing requirements.
Valenciano denied the prosecution’s motion for revocation of probation. County Deputy Prosecuting Attorney John Murphy had argued in favor of the motion filed in June, for probation violations including an unauthorized trip to the Mainland.
The court granted the motion to modify terms of probation, however, adding a required participation in mental health treatment as recommended by the Kaua‘i Mental Health Treatment Center.
The court ruled that Johnson was fit to stand trial but was substantially impaired at the time of his probation violations, and based on letters from a three panel of physicians, was found unable to intentionally or knowingly violate the terms of his probation.
Valenciano terminated Johnson’s 90-day commitment to the Department of Health’s Mahelona facility after a state mental health officer stated that a bed was ready for Johnson at the Mental Health Kokua Group Home.
The resulting $10,000 bench warrant was a barrier to releasing Johnson, who would otherwise be kept at Kaua‘i Community Correctional Center.
In August 2009, Valenciano sentenced Johnson to five years probation and ordered him to continue mental health treatment. The case involved a first-degree assault charge that was described as a “thwarted murder-suicide attempt” by prosecutors, and a thwarted suicide attempt that was stopped by his girlfriend who was injured in the process, according to the defense.
Johnson had been working as an auto detail specialist and was reported to be improving. However, he had repeat court appearances and served additional time for violating terms of his parole.