Nine months jail for failing probation

LIHUE — A Lihue man who was noncompliant in his probation was given closer supervision and structure with nine months jail on Thursday in 5th Circuit Court.

Richard Joseph Clark, 32, returned to court on a bench warrant for revocation or modification of probation on Nov. 5. He’d pleaded guilty to third-degree assault and first-degree terroristic threat and was sentenced to probation for the misdemeanor assault at sentencing on Feb. 28, 2013.

State Deputy Public Defender Stephanie Sato said Clark made his court appearances and appointments while on bail prior to his sentencing in this case. It was his life situation after starting probation that caused Clark to become noncompliant, she said, and asked the court to keep him on probation.

In his statement to the court, Clark said he was doing well until losing his job and getting evicted. He had to get mail through a post office box and his phone messages through a girlfriend after his phone service was cut for lack of income.

With his crisis behind him, though still unemployed, Clark said he would be able to comply without missing appointments with probation or the programs they direct him to attend.

In other cases on Thursday in 5th Circuit Court:

– A Lihue woman who failed drug treatment and absconded from probation was sentenced to five years prison.

Jasmine Anuhea Kapahu, 24, pleaded guilty to third-degree promotion of a dangerous drug and was sentenced to felony probation on Feb. 15, 2012. She has since been on probation and at inpatient care and intensive outpatient treatment.

– A Kapaa man was sentenced to five years in prison for failing to comply with the terms of his probation on Thursday in 5th Circuit Court.

Albert Donald Roberts, 30, was arrested for revocation or modification of probation on Aug. 14, 2014. He had failed to report for two random drug tests and was on abscond status from jail after failing to report upon a release from an inpatient drug treatment center for non-compliance.

– A harassment charge resulted in a 30-day jail sentence for a Lihue man. Joseph Nicholas Milano, 31, said the lengthy process was an eye-opening experience that resulted in life changes.

“I might lose my job because of all of this,” Milano said. “I am just putting it all in God’s hands and marching forward.”

Milano pleaded no contest to misdemeanor abuse of family or household member on March 25. The plea was withdrawn after his attorney, State Deputy Public Defender Samuel Jajich, discovered new information regarding statements made by the victim.

Milano pleaded no contest to an amended petty misdemeanor harassment plea on Nov. 6. The charge that he had choked his girlfriend was dropped.


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