LIHUE — A Waimea resident who lost his probation after committing a second sex related offense was sentenced to prison on Thursday in 5th Circuit Court.
Ivan Brady Miguel, 28, was sentenced to five years in prison following a lengthy hearing on the state’s revocation motion that was triggered after he was sentenced to 30 days jail for indecent exposure on Aug. 6.
Miguel was serving a five-year felony probation following his conviction of first-degree violation of privacy on Oct. 13, 2013. That crime involved setting up a video camera in the women’s restroom of a hotel athletic club.
Chief Judge Randal Valenciano said the court might have considered a probation modification had the violation been unrelated to the original conviction. A second offense concerning sexual gratification concerned the court as a matter of public safety with Miguel “stalking a public area for sexual satisfaction.”
Although there was no physical assault involved with either crime, the willingness to expose oneself to a sunbather at Salt Pond Beach with lifeguards watching was an indication that the court-ordered sex offender treatment as part of the probation for the invasion of privacy offense was not working, he added.
“The court gave you an opportunity and you didn’t take advantage of that opportunity,” Valenciano said.
Miguel is married and has three children.