LIHUE — An Eleele woman was given a five-year probation sentence Wednesday in 5th Circuit Court for terroristic threatening.
Kaioli Maile Linda Gushiken, 30, was charged with attempted first-degree assault and second-degree assault for an attack on a tattoo artist in October 2011.
County Deputy Prosecuting Attorney Timothy Tobin said Gushiken and the victim had a disagreement over a delayed appointment and exchanged heated words on a social media website a month before the altercation took place.
The assault occurred around 2 a.m. when the defendant, who was wearing a mask, struck the victim on the head with a baseball bat as he was leaving his tattoo parlor. The victim’s child was also sitting near his car when the incident took place.
After an exchange, the mask fell off and the defendant was identified.
The victim has since complained of continued trauma-related issues.
Defense attorney Michael Soong said the defendant has accepted responsibility for her actions but asked the court to consider that her state of mind was influenced by a prescription medication. The mother of two has not had a similar experience prior to or since the incident, he said.
Soong noted that while Gushiken was found fit for trial after an examination of her mental capacity. Physicians noted that the “crazy thoughts and dreams” she claimed to be experiencing could be linked to the prescription smoking cessation medicine Chantix (varenicline).
The state did not disagree with the claim but still requested anger management and counseling, Tobin said. He asked for probation and deferred to the court regarding any jail time.
Judge Kathleen Watanabe ordered Gushiken to pay $5,734.94 in restitution to cover the costs of the victim’s medical bills and to replace a camera broken in the attack.
“I am not ordering additional jail time given the circumstances and sentencing more jail time would not be beneficial to anyone,” Watanabe said.
In lieu of jail, Watanabe sentenced Gushiken to 100 hours community service. She must also complete anger management and parenting courses, and undergo mental health and substance abuse evaluations.
The court also denied the motion to defer acceptance of the no-contest plea. It will keep the conviction on Gushiken’s permanent record.