LIHU‘E — Duston Ray Kainalu Shiira was allowed to walk out of court with just probation at his sentencing Feb. 10 on a misdemeanor family-abuse charge. But the 19-year-old Kapa‘a resident may still end up being the poster boy for
LIHU‘E — Duston Ray Kainalu Shiira was allowed to walk out of court with just probation at his sentencing Feb. 10 on a misdemeanor family-abuse charge.
But the 19-year-old Kapa‘a resident may still end up being the poster boy for a proposed law that would make any crime a felony if perpetrated against another who has a temporary restraining order or other protective measure in place against the perpetrator.
The bill, part of the law-enforcement coalition package of bills introduced in the state Legislature last year, was carried over to the body this year, though the legislative Web site shows no action taken so far this session.
“Duston Shiira wasn’t the one that prompted the bill but would have been affected if the bill was in place,” said Shaylene Iseri-Carvalho, county prosecuting attorney.
In Shiira’s case, his ex-girlfriend had a protective order prohibiting him from coming near her, but he did, also assaulting her in the process.
Shiira was originally charged with family abuse, violating a protective order and intentional choking, a class C felony. But in a plea agreement he pleaded no contest to and was found guilty of the single charge of family abuse, a misdemeanor punishable by 48 hours in prison.
The other two charges were dropped in exchange for his no-contest plea.
Craig De Costa, representing Shiira in the abuse case, said his client has remorse, should not have put his hands on his ex-girlfriend, has a job, and has made positive changes in his life.
De Costa asked 5th Circuit Judge Kathleen Watanabe to sentence Shiira to probation and give him credit for four days spent in jail and not give him any additional time behind bars.
Guy Matsunaga, representing Shiira on a second-degree theft charge where sentencing was done on the same day, also asked for probation for his client.
Shiira and two co-defendants were allegedly taking parts off a vehicle they thought was abandoned when Kaua‘i Police Department officers approached, and they continued taking the parts, Matsunaga said.
“I apologize to the court. I apologize to my mom for putting her through all the stress,” said Shiira.
Chris Donahoe, county deputy prosecuting attorney, said Shiira struck his ex-girlfriend with a body board and grabbed her face to shut her up, leaving visible marks on her face.
Donahoe said he doesn’t feel Shiira is remorseful, and in court offered no apologies to the victims.
The second-degree theft charge is a felony, not “petty,” said Donahoe, requesting Shiira be sentenced to 500 hours of community service and mandatory completion of a domestic-violence class in the abuse case.
De Costa said Shiira would rather pay a fine, and Watanabe said the monetary equivalent of the community service would be $3,500.
Watanabe said she found the facts of Shiira’s family-abuse case “quite disturbing,” adding she was concerned about how the victim was assaulted and grabbed.
For the theft conviction, Watanabe gave Shiira five years probation.
In the family-abuse matter, Watanabe warned Shiira that he faces five years in prison for the theft case, and a year in prison for the family-abuse matter, if he fails to fulfill the terms and conditions of his probation and he winds up back before the court.
“I don’t want you to leave this courtroom thinking this is minor. You’re being given a break by being placed on probation,” Watanabe said.
“Probation is a chance to prove to all that you can be law-abiding. It’s not a piece of cake,” said Watanabe, also ordering Shiira have no contact with the victim in the family abuse case.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
