Death threat gets 21 days in jail

LIHUE — A Lihue man was sentenced to 21 days in jail for threatening a woman.

Fifth Circuit Judge Kathleen Watanabe also ordered Kainoa Silva, 28, to avoid Kalapaki Beach, where the threat occurred, and to write a letter of apology to his victim.

He was given 13 days of credit for time served, one year of probation and will be required to undergo a substance abuse evaluation for telling the woman he would kill her.

He was sentenced March 16.

“The defendant’s claim that he was rapping is just absurd,” Prosecuting Attorney Justin Kollar wrote in an email about the verdict and the defense’s argument that the harsh words were sung, as Silva is local freestyle rapper. “There was no performance happening anywhere. He was running around Nawiliwili park, apparently high and/or drunk, scaring women and children, including running into the women’s bathroom while there were people in there.”

The incident occurred Aug. 14 and Silva was arrested the same day.

He pleaded no contest to a misdemeanor charge of second-degree threat March 9. During his plea, defense attorney Margaret Hanson said Silva was rapping lyrics at the local park, and wasn’t aware the victim was present. The apparent rap line to the victim, whom Silva knew, was, “I will kill you,” and it was meant out of love.

Hanson declined to comment on the case Tuesday.

Kollar said letters of apology are generally private. The defendant writes it and sends it to the probation officer, who then forwards it to the victim.

With credit, Silva must serve eight more days in jail.

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