LIHUE — A Kapaa man was given a year of probation and six months in jail for striking a man in the head with a flashlight after thinking the victim had a gun. Micah Kalimakame Henderson, 23, was originally charged
LIHUE — A Kapaa man was given a year of probation and six months in jail for striking a man in the head with a flashlight after thinking the victim had a gun.
Micah Kalimakame Henderson, 23, was originally charged with second-degree assault in a felony indictment on May 23, 2013. He changed his plea to no contest on a reduced charge of third-degree assault on March 20.
State Deputy Public Defender John Calma said Henderson was at Hanamaulu Beach Park with another person on Sept. 23, 2012. He witnessed what appeared to be an argument turn into an altercation inside another vehicle.
When Henderson approached the vehicle, he saw a man with a shiny object that he thought to be a firearm, Calma said. He assumed the worst and struck the man on the forehead with a large flashlight.
The injury caused a facial laceration above the victim’s left eye requiring 11 stitches, according to the indictment.
It has been 18 months since the incident and the defendant is a changed person who no longer hangs around Hanamaulu Beach Park at night, and now spends his time seeking employment, Calma said. He said Henderson deserved probation and asked that any jail time be suspended for the duration to encourage compliance.
County Deputy Prosecuting Attorney Melinda Mendes said the defendant committed the offense while still on probation for a prior conviction. The new offense was not charged until after the probation period was over and so no revocation was requested.
Mendes said because of the repeat violent offense the court ordered probation with six months jail
Chief Judge Randal Valenciano said he agreed with the state and ordered the six months in jail and probation and issued a no-contact order for the victim. He also ordered Henderson to undergo an anger management course, a substance abuse evaluation and any counseling as directed by probation.
“This defendant’s lengthy criminal history and predilection for violence made a substantial jail sentence appropriate,” said County Prosecuting Attorney Justin Kollar. “We hope that when his term is over, and he rejoins society, he will live up to his word that he is a changed person.”
