LIHU‘E — A New York man was granted a deferred sentence and a $1,000 fine after pleading no contest to a misdemeanor assault charge Monday in 5th Circuit Court. Evan Elie Manasse, 28, was allowed to enter a change of
LIHU‘E — A New York man was granted a deferred sentence and a $1,000 fine after pleading no contest to a misdemeanor assault charge Monday in 5th Circuit Court.
Evan Elie Manasse, 28, was allowed to enter a change of plea and received sentencing at the same hearing. The court made the allowance to avoid the defendant from having to make a third trip to Kaua‘i from the Mainland.
Manasse pleaded to third-degree assault, which carries a maximum one-year jail sentence and a $2,000 fine. It was reduced from a second-degree felony charge that could have resulted in a five-year jail sentence.
Defense attorney Michael Soong said the defendant has a very different recollection of the events that transpired on June 17, 2011. He said Manasse chose the plea deal rather than try to convince a jury in a matter where alcohol was involved.
The story, according to Soong, was that Manasse was in Kaua‘i to attend a wedding at a Po‘ipu hotel. He befriended a group from California attending a conference here and was invited to attend their reception.
While dancing with a woman, a jealous boyfriend grabbed him and verbally accosted outside of the event, Soong said, so Manasse panicked and responded by punching the man.
County Deputy Prosecuting Attorney Melinda Mendes presented a different story. She said according to the California company, Manasse and others crashed the party and refused to leave.
The woman Manasse was dancing with complained and a group of people directed Manasse and his party to leave. She said once the group was outside, the victim who directed Manasse not to come back got his nose broken with a punch.
It is true that they were both drinking, which perhaps led to their actions, Mendes said. The prosecution did not have a problem with the deferred sentence provide there was a fine and an order for a substance abuse evaluation, she said.
Judge Kathleen Watanabe said that when two stories don’t match and alcohol is involved, then the truth is more likely somewhere in the middle. She granted the deferment noting that Manasse had no prior convictions or arrests.
She did note a number of letters of support, including from members of the party who were present that evening.
Watanabe also ordered a $1,000 fine, a substance abuse evaluation and that Manasse attends an alternatives to violence program. He will serve the probation under New York supervision.
After thanking Soong, Manasse was directed to thank Mendes for her willingness to reduce the charge from a felony to a misdemeanor.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
