Spear sentencing delayed another 2 weeks

LIHU‘E — The sentencing of Dr. Harold “Tex” Spear III on state and federal charges is half-accomplished.

Spear was not present in 5th Circuit Court Wednesday for sentencing  on state charges because he was in federal custody following a March 1 sentencing in U.S. District Court on Honolulu. His sentencing date for state charges was continued to March 21.

Federal Judge David A. Ezra sentenced Spear to 12 years and 7 months, according to Joshua Wisch, communications director for U.S. District Court in Honolulu. The charges are for illegally dispensing Schedule III drugs in Alabama in 2008.

The judge ordered Spear immediately sent to jail because of concerns of him becoming a flight risk, Wisch said, and added that he is currently being held at the federal detention center in Honolulu until arrangements are made to bring him to 5th Circuit Court on Kaua‘i.

With Judge Kathleen Watanabe of the 5th Circuit presiding Wednesday in 5th Circuit Court, the sentencing hearing was to follow Spear’s guilty plea in March 2010 on state charges of illegally distributing and dispensing Schedule II controlled substances through a Hanapepe clinic. His sentencing has been delayed pending results in U.S. District Court.

Hawai‘i Deputy Attorney General Gary Senaga stated by telephone he would need at least two weeks to prepare legal forms needed to have Spear produced for sentencing on Kaua‘i. He said flight risk is generally considered with a sentence of more than 10 years.

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