LIHU‘E — A Koloa man will get a last chance following an incident with friends that has landed him in court for a bad temper. Daytan Chris-Choy Nagao, 26, stood before Fifth Circuit Court Judge Randal Valenciano for sentencing on
LIHU‘E — A Koloa man will get a last chance following an incident with friends that has landed him in court for a bad temper.
Daytan Chris-Choy Nagao, 26, stood before Fifth Circuit Court Judge Randal Valenciano for sentencing on Thursday on charges stemming from the latest of several incidents; this one occured on his boat, when friends apparently handled the boat inappropriately and caused some damage.
Deputy Prosecuting Attorney Melinda Mendes said Nagao overreacted by holding a knife to someone’s throat.
Nagao pleaded no contest on Aug. 4. The plea reduced the felony first-degree terroristic threat to a second-degree misdemeanor charge. Nagao was sentenced to 10 days in jail, one year of probation and court fees. The judge also ordered him to take anger management classes, undergo a substance abuse assessment and issued a stay-away order from the victim.
The decision balanced the seriousness of the offense with Nagao’s responsibilities as a working father taking care of two young children.
The state was asking for up to 90 days in jail in addition to probation.
Defense attorney Timothy Tobin said Nagao is a hardworking man and a nearly full-time father to two sons, ages 6 and 2. To get more than two weeks in jail would mean losing a job that Nagao has held since 2001, said Tobin.
This is a wake-up call to Nagao, said Tobin, who pointed out his girlfriend, his employer and even the mother of his ex-wife in court to show support.
Mendes noted that Nagao was arrested on second-degree terroristic threatening charges on Sept. 30, 2008. He allegedly threatened a department store employee and got probation and completed an anger management class in 2009.
Mendes also mentioned a 2006 restraining order that Nagao received from his ex-wife for harassment. The time for wake-up calls has passed, she added, and she went on to talk about the seriousness of the new charge.
Mendes said Nagao’s repeated outbursts represent some core issues that need to be dealt with to avoid more repeat offenses. She said that if he is getting the benefit of probation, he should comply with more serious steps to address the source of his anger.
Judge Valenciano said the report noted that Nagao treated the latest matter as a joke. The people on the boat did not think it was, however, and had the choice of going overboard or staying onboard in fear.
Valenciano said that playing the card as provider for his children should not have come in court, but at the time of the offense. He said it should have occurred to Nagao before he broke the law that his actions jeopardized his ability to provide for his children.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@ thegardenisland.com.
