LIHUE — A Kapaa man who attacked a man without provocation at Lucy Wright Park was sentenced to five years prison on Thursday in 5th Circuit Court.
Casey Ikaikakeapuhiilani Delima-Conant, 20, held his head in his hands in disbelief as the sentence was handed down for a felony second-degree assault charge. The court had the option of probation but decided against it based on prior history and for negative conduct while Delima-Conant was held at Kauai Community Correctional Center.
County Deputy Prosecuting Attorney Teresa Tumbaga said the victim was minding his own business at the park pavilion in Waimea when the defendant jumped on him over a crowd of people on June 5, 2014. The victim’s head hit the concrete floor and he was treated for a one inch laceration on the back of his head and for contusions on his cheek.
“All that person was trying to do was charge his cell phone,” said Chief Judge Randal Valenciano.
Tumbaga noted the state was asking for a 90-day sentence with probation and drug treatment. It was based on prior convictions that included theft, unauthorized control of a motor vehicle and contempt of court.
Valenciano said he was weighing that with a “bad feeling” he had about the defendant. The pre-sentence diagnostic report included a letter from KCCC Warden Neal Wagatsuma that noted the defendant had taken himself out of programs and was displaying negative conduct.
Valenciano said most defendants waiting a court appearance do all they can to put themselves in the best possible light at sentencing. The type of behavior exhibited here is problematic and not a good indicator for a successful probation, he said.
“Maybe you are not the type of person that we want to have in our community,” Valenciano said.
Court-appointed defense attorney Craig De Costa asked the court to consider that while the defendant had already completed an alternatives to domestic violence course prior to this incident, his mind was not clear because of drugs. In the defendant’s history, all the matters had something to do with substance abuse but for one case, he added.
De Costa asked the court to sentence the defendant with probation and up to 90 days jail, along with a substance abuse evaluation and inpatient treatment. He acknowledged his responsibility in this matter from the beginning, De Costa added, and is ready to make positive changes in his life.
Delima-Conant will receive credit for two months time served awaiting trial.