Lyrics may land man in jail

LIHUE — A local freestyle rapper who allegedly sang the words, “I will kill you,” said they were words of love.

The woman they were directed toward didn’t agree.

Now, Kainoa Silva is facing probation, more jail time and may have to apologize.

The 28-year-old Lihue man pleaded no contest to a misdemeanor charge of second-degree terroristic threat on Monday in 5th Circuit Court. He has served two weeks in jail for the charge.

“I just want to get on with my life, this has been on my mind for a long time,” Silva stated to the court.

The incident occurred at Kalapaki Beach on Aug. 14, and Silva was arrested the same day. Silva wasn’t participating in any public event but is a freestyle rapper, who was rapping lyrics at the public park, according to court-appointed defense attorney Margaret Hanson. Silva wasn’t even aware the complainant was present, she added.

“While rapping a song, he sang the words, ‘I will kill you,’ and he says it was out of love,” Hanson said.

Silva added in court that the two had a history. He said the female complainant had harassed him in the past.

Judge Kathleen Watanabe stopped the defense from elaborating further. She said they could present arguments at sentencing on Monday.

County Deputy Prosecuting Attorney Teresa Tumbaga said the state would ask for probation with 21 days in jail, as well as a substance abuse and mental health evaluation. She also asked that Silva be required to write a letter of apology to the adult victim.

Hanson asked the court for one year probation and that any jail time reflect credit for time served. She said the evaluations were a condition of the agreement, and noted that Silva completed them on his own initiative while on supervised release.

A second case against Silva, charging first-degree assault against a law enforcement officer and resisting arrest, was dismissed in the plea agreement. The incident was unrelated to the terroristic threatening case.


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