5 years for probation violation

Continued drug use resulted in a Kapa‘a man losing his probation and going to prison for five years.

Marko Keone Evans, 27, pleaded guilty to second-degree burglary on Aug. 17, 2010, and was sentenced to six months in jail and five years probation on Nov. 4, 2011.

After several violations he was back in court on Tuesday for re-sentencing.

County Deputy Prosecuting Attorney Rebecca Vogt said the state could only recommend the revocation of probation and ordering a full sentence.

She said in just one year on probation, Evans had seven violations and four positive drug tests for marijuana.

Defense attorney Rosa Flores said Evans was doing very well and had the best intentions to succeed.

He is supporting a girlfriend and two children, in addition to attending full-time courses at Kaua‘i Community College.

Flores said perhaps Evans had placed too much pressure on himself too soon, and had difficulty breaking off relationships with family that contributed to breaking his sobriety. She recommended some jail with probation as way to get him back on track.

Chief Judge Randal Valenciano, who sentenced Evans initially, said Evans has had multiple opportunities but chose to break with the course of action.

The judge said the court had no other option other than to order a full term with credit for time served, and he sentenced Evans to five years in prison.

Evans was part of the Hawai‘i Opportunity Probation with Enforcement program, which was developed by the Hawai‘i State Judiciary for sex, drug and domestic violence offenders who are failing traditional probation. It is designed to closely monitor and supervise for better accountability.

If a HOPE probationer misses appointments, classes or tests positive for drug use, it results in mandatory immediate jail time.

Continued violations result in complete revocation and a full sentence.

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


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