Year in jail after losing probation

LIHUE — An Anahola man was sentenced to a year in jail after testing positive for marijuana multiple times and losing his probation on Wednesday in 5th Circuit Court.

Daniel Keanuinui Kiilau-Pezario, 21, pleaded guilty to an amended charge of second-degree terroristic threat on May 22, 2012. He was placed on probation for one year with 60 days in jail.

The state moved for revocation or modification of probation after Kiilau-Pezario compiled three probation violations.

They included missing appointments with probation officers, being dismissed from a drug rehabilitation program for missed meetings and testing positive for marijuana.

Court-appointed defense attorney Shauna Lee Cahill said the defendant is young and until now had not spent more than 60 days in jail.

She said the experience was a reality check regarding consequences for actions and asked the court to keep him on probation.

Through his attorney, Kiilau-Pezario said he did not wish to remain on probation and wanted to serve the one year in jail that is the maximum allowed for a misdemeanor offense.

The defendant had basically given up, is homeless, and no longer with his family, Cahill said.

County Deputy Prosecuting Attorney Sally Tobin said the state could only recommend the full year jail sentence. The defendant has failed miserably during his probation, she added. 

Judge Kathleen Watanabe said the defendant did pay his $55 crime victim compensation fee.

She also granted the state’s motion for revocation of probation. She said if Kiilau-Pezario did not take advantage of the help given to him and did not learn from 60 days in jail, then another term of probation would not work.

“You did do something during probation,” Watanabe said. “You smoked marijuana three times.”

Kiilau-Pezario was given credit for time already served to be applied to his sentence of one year in jail.