LIHUE — An Anahola man who failed probation in a burglary conviction was sentenced to 10 years in prison on Tuesday in 5th Circuit Court.
Noel Kala Kinney, 22, was arrested Sunday on a state motion for revocation of HOPE (Hawaii’s Opportunity Probation with Enforcement) for close supervision of high-risk offenders. He initially pleaded no contest to first-degree burglary on Dec. 10, 2012, and was placed on probation on March 14, 2013.
“This individual had numerous opportunities to demonstrate that he could participate in society; unfortunately he was unable to make the most of those opportunities,” said Prosecuting Attorney Justin Kollar. “We are satisfied that prison is the only appropriate sentence to protect our community from this defendant.”
Chief Judge Randal Valenciano said the court’s decision was based on the history of the case and the chances the defendant had already been given. After serving little more than four months jail awaiting trial, the court granted Kinney a deferred acceptance of his no contest plea, only to set it aside and re-sentence him on Oct. 31, 2013.
Kinney was then sentenced to HOPE probation and given 90 days additional jail with the option to enter treatment. He successfully completed treatment on Maui and was given a clinical discharge, but failed to return to Kauai as ordered and a no-bail warrant for his arrest was issued on Feb. 20 until his arrest on Sunday.
According to the criminal complaint, Kinney was arrested on Aug. 13, 2012 for breaking into a Hanalei vacation rental on the same day. The victims returned home to find Kinney inside their rental. Kinney ran and a chase ensued. During the chase, Kinney confronted the victims and told them to leave him alone. While fleeing, Kinney dropped the items he had stolen from the rental.
Once arrested, Kinney admitted to breaking into the vacation rental and was initially charged with first-degree burglary, unauthorized personal information, theft and forgery of credit card. Police reported that Kinney said he broke into the rental because he needed some money to buy food. He said he knew that tourists usually stay there and not local people.
Kinney will remain at Kauai Community Correctional Center until the Department of Public Safety determines where he will serve out his term.