LIHU‘E — A Kapa‘a man who took his friend’s liquor and pickup truck was sentenced to five years in prison Thursday in 5th Circuit Court. Jaron Jason Smith (aka Jason Kuhl as he was referred to in court), did not
LIHU‘E — A Kapa‘a man who took his friend’s liquor and pickup truck was sentenced to five years in prison Thursday in 5th Circuit Court.
Jaron Jason Smith (aka Jason Kuhl as he was referred to in court), did not know that the victim in the case, a disabled veteran, passed away while the defendant was still in custody. He said the letter of apology he prepared to read in court was too late to say he was sorry to his friend.
Kuhl, 38, of Kapa‘a, was arrested March 30 for unauthorized control of a vehicle and first-degree burglary. He had allegedly broke into his friend’s house a few days before and took three bottles of whiskey.
He also took his friend’s new truck for a joy ride. It was equipped with hand operating devices to allow the disabled veteran to drive.
The truck was found in a ditch with significant damage. Kuhl changed his plea to no contest on Sept. 20.
State Deputy Public Defender Stephanie Sato asked the court to sentence Kuhl to one year in jail with a five-year probation and admission into Drug Court. She said despite a substantial prior record, he has excelled in programs at Kaua‘i Community Corrections Center.
County Prosecuting Attorney Justin Kollar represented the state. He said that between 1999 and 2006, Kohl has spent a significant amount of time behind bars for five previous felonies and other misdemeanors. He said the defendant has three convictions for driving while intoxicated.
Intoxication is no excuse for someone’s actions, Kollar said. The victim was also disabled and especially vulnerable. The betrayal of trust may have affected the man’s mental and physical health, he added.
The defendant has shown remorse and performed well in programs, Kollar added. However, all the good intentions would not bring the victim back. He asked for the full five-year prison term.
After reading a letter from the victim’s daughter, Chief Judge Randal Valenciano said the crime may have contributed to the victim’s death. The letter said the man became agitated, suspicious and depressed after the crime.
He went to the window constantly to check on his vehicle, the letter added. It said there was no obvious medical reason for the man’s death.
Valenciano, however, told Kohl that he was not being sentenced for the victim’s death. He referred instead to his 52 arrests and 26 convictions in his criminal record.
The defendant performs well while incarcerated and it is unfortunate that he does not do well on the outside, Valenciano said. He encouraged Kohl to break the cycle of this institutionalization this time.
