Judge sentences man to 10 years in prison for sexual assault of 2 sisters

Jail plus probation plea deal set aside

WAILUKU -- A 10-year prison term was ordered for a man who sexually assaulted two teenage sisters, including one who said she still has nightmares after being "trapped" in the defendant's car nearly four years ago.

The sisters and their family members were in court as Travis Shepherd, 24, of Makawao was sentenced Tuesday.

"The pain is still very real," said the older sister, who was 16 when Shepherd sexually assaulted both girls Feb. 8, 2013. "I still have nightmares. I still have flashbacks. I can't describe the feeling of being stuck in somebody's car and being just trapped.

"It's a hard feeling. I wanted to jump out the window. I didn't care. I just wanted out of that car. I just wanted to be home with my family."

That night, she had taken another girl home before returning to the beach to look for her 14-year-old sister, not knowing that the younger girl had been sexually assaulted and someone had taken her to a safe place. Shepherd told the 16-year-old he would drive her toward Makena to her sister. After Shepherd tossed the girl's cellphone out of the car and sexually assaulted her, the older girl managed to get out of Shepherd's car and flag down someone for help.

The girls' mother said she received a phone call "that my daughter had been raped" and needed to be picked up at Charley Young Beach in Kihei.

"I can't describe that feeling as a mother to have that phone call and to think of what was going on," she said. "I want to make sure that nobody else has to go through this. I think if people don't have to pay for what they've done, then they are not going to learn anything and they're just going to keep doing it."

Shepherd had pleaded no contest to two reduced charges of second-degree sexual assault. In exchange, charges of first-degree sexual assault, attempted first-degree sexual assault, kidnapping and two counts of promoting intoxicating liquor to a minor were dismissed.

A plea agreement between the defense and prosecution recommended an 18-month jail term as part of probation for Shepherd.

"I am completely wrong for the way I behaved and acted," Shepherd said in court Tuesday. "I endangered (the girls) and others.

"I'm sorry for my selfishness and will make the best efforts to change."

His attorney Cary Virtue said Shepherd's cousins and friends had seen another side of him that they described in letters to the court. "He works hard and cares for his family," Virtue said.

He said Shepherd has no prior felony convictions and already has been in jail for about 19 months, more than the time recommended in the plea agreement.

Virtue said Shepherd wanted to participate in sex offender counseling and also seek substance abuse treatment because alcohol was involved in his "absolutely shocking behavior in this case."

Deputy Prosecutor Iwalani Gasmen said that the girls and their mother wanted to speak in court "to start the healing process and bring closure to a very painful reality, something that has truly haunted them."

"I just want to see justice for us and my family," the younger sister said.

Turning to Shepherd, the older sister said, "I just hope that you know I do forgive you. I just really, really hope you know how much this has hurt my whole family and myself. And the fact that I don't know how long it's going to take me to trust people again. You took a lot away from me."

"It's not just about you and I," she said. "It's bigger than us. I am coming forward to make sure this doesn't happen to another woman."

Second Circuit Judge Peter Cahill, who thanked the family members for speaking in court, said it was "very, very incredible" for the sister to face Shepherd in court and say she forgave him.

"I realize there's a plea deal here," Cahill said.

But he told Shepherd: "The facts here are overwhelming about what you did and your guilt."

The judge said family members weren't responsible for Shepherd being sentenced to prison instead of probation.

"People who are the victims of this crime should not bear any guilt or even any thought to what the defendant is being sentenced to," Cahill said. "Because otherwise that's making you more of a victim than you already are."

Shepherd was ordered to pay $208 in restitution. He also was ordered to register as a sex offender and participate in sex offender treatment.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.