LIHU‘E — A Koloa man was unable to attend his courtroom hearing Monday afternoon in the Fifth Circuit Court of Lihu‘e because of his incarceration due to facing prosecution on federal charges on the mainland.
Kevin Boggs, 39, is currently in federal custody, and the Fifth Circuit Court Judge Kathleen Watanabe waived Boggs’ appearance because of his off-island incarceration.
During the hearing, attorney Craig De Costa expressed Boggs’ intent to accept the state of Hawai‘i’s plea offer, and he requested a continuance of the case until late January or early February for Boggs’ change of plea. The details of the plea agreement aren’t known as of press time.
Because of anticipated travel restrictions due to COVID-19 protocols, Boggs’ trial is likely to be held via video conference.
Boggs originally faced a total of five charges stemming from an incident that occurred in January of 2019. This includes vehicle theft, criminal trespassing in the second degree, two counts of criminal property damage in the fourth degree, and theft in the fourth degree.
Boggs pleaded guilty to one of three counts stemming from an incident in November, when Kaua‘i police pulled him over for driving down Koloa Road in an all-terrain vehicle and found a rifle strapped to the rack with a machete hanging off to the side, according to the affidavit.
Federal prosecutors dropped the other two charges in exchange for his guilty plea to a single count, being a felon in possession of a firearm and ammunition, according to a September 2019 article in The Garden Island.
Boggs could face up to 10 years in prison and a maximum fine of $250,000 at sentencing.
The article stated that federal prosecutors brought charges against Boggs in January of 2019 in connection with three separate incidents in late 2018.
Boggs faces three additional counts from the 2018 incident, including burglary in the second degree, theft in the second degree, and criminal trespassing in the second degree.
On Jan. 18, 2019, Boggs was found with guns and ammunition for third time between November 2018 and January 2019.
Boggs’ trial was pushed back to Jan. 27, 2021, and he currently is being held in federal custody on the mainland in lieu of $1 million bail.
