LIHU‘E — Skipping probation appointments and not paying restitution nearly cost an ‘Ewa Beach man his freedom. Fifth Circuit Court Judge Kathleen Watanabe said she had every inclination at the outset of the hearing to revoke probation for Phillip Matyas
LIHU‘E — Skipping probation appointments and not paying restitution nearly cost an ‘Ewa Beach man his freedom.
Fifth Circuit Court Judge Kathleen Watanabe said she had every inclination at the outset of the hearing to revoke probation for Phillip Matyas Polhe and have him serve out his five-year sentence.
But with both the prosecutor and the defending attorney speaking well of Polhe, the judge had a change of heart after a brief meeting with the probation officer.
Polhe, 40, was arrested for second-degree theft on Oct. 25, 2010. He pleaded guilty on Nov. 9, 2010, and received five years probation. After an initial meeting with a probation officer, Polhe missed the next three appointments and did not pay any of his court fees or restitution.
Deputy County Prosecutor Wendel Crutchfield said the state filed a motion for revocation or modification of probation on Sept. 13.
A bench warrant was issued two days later and Polhe was arrested and held at Kaua‘i Community Correctional Center until his Wednesday hearing.
Crutchfield said the state was “perplexed” about this case.
On the one hand you have a defendant that has made absolutely no effort to honor his probation, he said.
On the other hand you have a person who readily admitted to his conviction and pleaded guilty rather than no contest, he added.
Polhe waived his right to a pre-sentence investigation and accepted whatever he was given.
The defendant deserves a second chance in this case, Crutchfield concluded.
State Public Defending Attorney Christian Enright said Polhe did not take his probation seriously and that in most circumstances it should warrant its revocation. He said Polhe deserved a second chance with the understanding that it would be a zero-tolerance probation from here on.
Polhe explained to Watanabe that he had been working full time as an automobile mechanic for the past nine months for just room and board. He began getting paid a small salary just four months ago.
Enright produced a letter of recommendation from Polhe’s boss who described him as a dedicated worker and that his job is waiting for him when he gets back.
Watanabe waited until she had heard all the excuses and then reminded Polhe that he had been on probation in the past and that he knew how it worked.
She waited until he had nothing more to say except, “I am sorry, please give me another chance.”
That was an honest answer, Watanabe replied. “You are an intelligent person. Now accept the new felony probation. Deal with it. And comply.”
Watanabe went with the state’s recommendation for a 30-day sentence and gave him credit for time served.
She ordered that he restart the five-year probation from the beginning and to pay off the $1,000 restitution and other fees.
When the proceedings were completed, Polhe and his attorney thanked the one person remaining in the courtroom, a teary-eyed woman.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@ thegardenisland.com.
