LIHUE — A Kilauea man who tested positive for opiates after using black tar heroin was resentenced to five years in prison Monday after a judge said he was making no effort to comply with the terms of his probation.
Fifth Circuit Court Judge Kathleen Watanabe told Kevin McGuire that he had put his family in danger when he was driving under the influence and crashed into a telephone pole in 2010.
“You lose your license. You continue to drive. You continue to put other people in danger,” Watanabe said. “That tells me that putting you in another form of probation is just like moving you around the system. If I had seen some effort expended by you that would have been one thing. In your case, absolutely nothing was done.”
Three people, unsecured passengers, were injured in the car accident, including his 8-month-old baby, who suffered from a broken femur and tibia. She was found face down under the driver’s side seat with multiple abrasions on her face, deputy prosecuting attorney Joanne Sheng told the court Monday.
McGuire’s blood alcohol content was .088. He also had .27 milligrams of Diazepam and .13 milligrams of Morphine in his system.
McGuire was originally charged with two counts of second-degree assault and two counts of first-degree negligent injury. When Watanabe sentenced him in 2015, she said she thought five years of probation would be a sufficient term for McGuire.
She said Monday that she believed the court had made an error after McGuire had made no effort to comply with his terms of probation.
McGuire asked to be given an opportunity for HOPE — Hawaii’s Opportunity Probation with Enforcement — probation, where he would be closely monitored for his addiction.
The court denied the request.