LIHU‘E — A Kapa‘a man received a second prison sentence in as many days Thursday in 5th Circuit Court. Brendan Alakai Duarte, 28, of Kapa‘a, was sentenced to concurrent sentences on drugs and weapons charges, receiving a five-year term for
LIHU‘E — A Kapa‘a man received a second prison sentence in as many days Thursday in 5th Circuit Court.
Brendan Alakai Duarte, 28, of Kapa‘a, was sentenced to concurrent sentences on drugs and weapons charges, receiving a five-year term for a drug charge, and 10 years for possession of a firearm on a public highway. He pleaded guilty to the charges on May 24.
Chief Judge Randal Valenciano said it was fortunate that nothing worse happened. The combination of carrying a loaded .45-caliber pistol in a residential area, while under the influence, had all the potential for a far worse consequence, he said.
Defense attorney Michael Soong said that drugs were the core issue and that Duarte is making the right choices now and wants to be clean and sober.
County Deputy Prosecuting Attorney John Murphy recommended the open term to run concurrent with the 5-year term Duarte received Wednesday in Judge Kathleen Watanabe’s court on other felony drugs, firearms and terroristic threatening charges. The charges also resulted in probation violations that compounded the sentence.
Zachary Aukai Schwartz, 23, of Kilauea, was sentenced to a year in jail and a 5-year probation Thursday, in two cases involving assault against a law enforcement officer, resisting arrest, reckless endangerment, intentional choking, abuse of family or household member, terroristic threatening, bribery and promotion of harmful drugs.
Defense attorney Michael Green represented Schwartz in the 2011 case, and said Schwartz has strong family support to deal with addictions that began as the result of an accident.
Schwartz pleaded no contest to the charges in May 24, and has 163 days credit for time served since the arrest. Some of that time includes inpatient treatment at Hawai‘i and Mainland facilities.
County Deputy Prosecutors Lisa Arin and Murphy represented the state in both cases. Arin said the 2011 incident involved his then-wife in a roadside assault that was reported by Good Samaritans.
Valenciano said the incident was a bad situation where people got hurt. He ordered a substance abuse evaluation along with HOPE probation.
Alana Maria Kauiokuhome Santiago-Lumabao, 19, of Makaweli, was sentenced Thursday to time served and a 1-year misdemeanor probation for two counts of third-degree assault and second-degree unauthorized entry into a motor vehicle.
According to County Deputy Prosecuting Attorney Rebecca Vogt, the incident occurred on Jan. 7, when a verbal confrontation turned violent. She said the defendant caused bodily injury to three individuals and broke the rear window on the vehicle of a fourth victim.
The defendant was arrested again for a petty theft charge while out on bail for the assault charges, Vogt said.
Defense attorney Warren Perry asked for time served, as he said the defendant is remorseful and that the time away from her 3-year-old child in custody has influenced positive change.
Valenciano said the incident was likely over a relationship and that until the unpredictable behavior is addressed, the chance of recidivism is greater. He ordered Santiago-Lumabao to take anger management, pay $183 in restitution for the window, and prohibited contact with any of the victims in the case.
Tinisha Thatcher, 28, received a new felony probation Thursday after admitting she left the island.
State Deputy Public Defender Stephanie Sato said that Thatcher left for Branson, Mo., to take care of a serious domestic incident. The matter is being investigated by Missouri authorities.
Thatcher was held in Missouri for two months prior to her extradition to Kaua‘i in August, Vogt said. She recommended time served.
Vogt said the matter could have been handled by going through the probation office. She said the defendant instead chose to leave without notifying anyone or making any arrangements.
Valenciano said the matter in Missouri is unfortunate but he informed Thatcher that the court was lenient in its previous sentencing. He re-sentenced Thatcher to complete a new 5-year probation and 90 days jail with credit for time served.
After pleading no contest to second-degree theft and four counts of falsifying business records, Thatcher was sentenced to a 5-year probation on Oct. 22, 2009. A motion for revocation of probation was granted on April 16.
Trevor Guttman, 20, of Lihu‘e, was re-sentenced to a 1-year probation after having a previous sentence revoked for violations. He pleaded guilty in February to fourth-degree promotion of a harmful drug and received probation.
Cody Vadnais, 21, of Chelan, Wash., was sentenced to a 5-year probation Thursday for escape and criminal trespass. He reportedly fled from police after a hotel worker reported he was staying in an unoccupied hotel unit on the South Shore, according to Vogt.
State Deputy Public Defender Christian Enright recommended time served and a probation that can be transferred back to Washington.
Valenciano said the past record of the defendant, including failed probation, gave him doubts about the success of probation, but granted it, saying this is a time Vadnais can transition to being a law-abiding citizen or a repeat offender.
Tony Martin Reis, 19, of Kalaheo, on Thursday changed his plea to guilty to misdemeanor level abuse of family or household member. A second count of abuse and an intentional choking charge was dismissed in the deal.
The case stems from a July 4 incident. Sentencing is set for Nov. 15.
Tresen Lacaden-Bisarra, 19, of Lihu‘e, pleaded guilty on three charges in three cases that are part of a global plea deal. The charges include felony second-degree burglary, and two misdemeanor custody interference charges.
The charges stem from three incidents in February and April, when Lacaden-Bisarra allegedly obtained and confined a minor. Sentencing is set for Nov. 15.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
