LIHUE — An Anahola man who got drunk and stripped down to his underwear inside of his employer’s home was sentenced to five years in prison on Thursday in 5th Circuit Court.
Eteuati Olive, 44, was arrested for burglary of a dwelling and third-degree sexual assault on Aug. 9. He pleaded no contest to felony second-degree unauthorized entry into a dwelling, and amended misdemeanor fourth-degree sexual assault on Sept. 25.
In his statement to the court, Olive said he didn’t have any recollection of the events because he was too intoxicated. He asked the court for forgiveness and said he wanted to return to his family and work.
“This has taught me a lesson and I can learn from it,” Olive said with the assistance Tongan language court interpreter Sofolonia Kaulukukui. “Prison has offered me a chance to change my lifestyle and to learn how to have a better life.”
Chief Judge Randal Valenciano said that despite the level of intoxication, Olive was responsible for his actions. He said the actions and the criminal history required the community to be protected from the defendant.
“You turned into a sexual predator,” Valenciano said. “You broke into the residence to prey on the children within.”
State Deputy Prosecuting Attorney Lisa Arin said that Olive committed the offense while awaiting sentencing for an abuse conviction against his girlfriend. She said the state was asking for consecutive sentences of five years for the felony, one year for the misdemeanor, and for another year in the second case.
“The defendant should not get the benefit, having committed all of these crimes within one year,” Arin said. “There are three victims from three separate acts, and a long criminal history.”
According to Arin, Olive was intoxicated and had control of his employer’s pickup. The employer went to the trouble of retrieving the truck and brought Olive back to his home.
At some point, Olive’s level of intoxication made the employer’s family and guests nervous and so he was driven back to his own home. Olive walked two miles back to his employer’s home in the rain where a teenage girl was watching the children while the parents were out.
Olive proceeded to undress to his underwear and was in the process of a sexual assault when he passed out on the floor, Arin added. That was state the parents found Olive when they returned home.
The fourth-degree sexual assault conviction does not require placement on the state sex offender registry.
Court-appointed defense attorney Mark Zenger asked for probation and one year in jail to coincide with the one-year term Olive was already serving for misdemeanor abuse of family or household member since Aug. 14.
Olive’s criminal history began with first-degree unauthorized entry into a motor vehicle in 2001.
He violated probation by fleeing the jurisdiction and then returning a year later when he was caught in a first-degree burglary and served 10 years in prison.
Shortly after completing his term Olive was arrested for the abuse charge and committed this new offense while awaiting sentencing.
“This defendant’s repeated disregard for the safety of the community make prison the only appropriate sentence,” said County Prosecuting Attorney Justin Kollar.