Judge grants Abergas second chance

LIHU‘E — A Waimea man will stay in treatment and not in jail.

Lorencia M. Abergas, 40, was in 5th Circuit Court Wednesday where his outcome would be jail, probation or both after being arrested on several charges last May. He had been on conditional release until an arrest for violating terms of that release.

Stephanie Sato, deputy public defender, argued for deferred acceptance of his guilty plea. It would essentially clear the charges following a successful probation.

Abergas had been doing well in an O‘ahu group home and relapsed when he returned to the island, Sato said. He has completed half of his treatment classes and arranged for a continued stay in a group home.

The motion was opposed by Samuel Jajich, second deputy prosecutor, who pointed out a prior marijuana charge that was dismissed in another court. Deferred sentencing is meant for first offenses, he added.

Judge Kathleen N. A. Watanabe said that before the hearing Abergas was facing at least six months in jail.

However, after hearing statements about his progress, she said it would not be in the best interest of the defendant to remove him from his treatment.

Watanabe concluded by recommending that Abergas continue his hard work and prove to himself and the court that he would continue to succeed in treatment.

Abergas was arrested May 18 for first-degree reckless endangerment, two counts of third-degree promotion of a dangerous drug, resisting arrest, two counts of first-degree assault on a police officer, drug paraphernalia, operating a vehicle under the influence of intoxicants, reckless driving, and consumption or possession of liquor in an operating vehicle.

He pleaded guilty to third-degree possession of a dangerous drug and paraphernalia on Sept. 26. The remaining charges were dismissed by the state.

• Tom LaVenture can be reached at 245-3681 (ext. 224) or tlaventure@ thegardenisland.com.