Lost probation means 10 years

LIHUE — A Kapaa man who lost his probation was sentenced to 10 years in prison on Wednesday in 5th Circuit Court.

Brandon Jaramie Kalani Gayagas, 33, didn’t make a statement to the court but apologized for his poor record while he was on probation.

He had been on probation for drug charges but lost it after a harassment and fourth-degree theft conviction, in addition to being noncompliant with other terms of conditions.

Judge Kathleen Watanabe said the court would grant the county prosecutor’s motion to revoke the defendant’s probation and sentence Gayagas to the maximum prison term allowed by law.

“Poor progress, coupled with the conviction on the new offense, made the only viable sentence to be the open term,” Watanabe said.

Gayagas was indicted on charges of possession of drug paraphernalia and second-degree promotion of a dangerous drug on Nov. 20, 2006. He pleaded no contest to both charges on Oct. 6, 2009, and was sentenced to five years probation and six months in jail on Dec. 21, 2009.

The delay until the plea agreement was for Gayagas’ requests for change of attorney on more than one occassion and from missing hearings, according to County Deputy Prosecuting Attorney Melinda Mendes.

She said Gayagas didn’t just lose his probation for committing another offense, but has also not been compliant with any of the terms and conditions all along.

Mendes asked the court to sentence Gayagas to the full prison terms and for each offense to run concurrently.

State Deputy Prosecuting Attorney John Calma said the underlying cause was an addiction and that losing his first-time drug offender status and having a criminal record is enough to go along with probation.

He said the defendant’s wife and child left for the Mainland and he relapsed on drugs, which led to the theft offense.

“His personal life fell apart,” Calma said.