Ex-officer’s chance to keep convictions off record removed

The Maui News

WAILUKU — Saying society also was a victim when a former Kihei police officer issued false parking and speeding tickets, a judge Wednesday removed a chance for the defendant to keep convictions off his record.

Wailuku District Judge Adrianne Heely granted the prosecution’s request to reconsider the deferral that was granted for David Weis when he was sentenced March 8.

With the judge’s ruling Wednesday, Weis will have convictions for three counts each of false reporting to law enforcement authorities, false swearing in an official matter, unsworn falsification to authorities and tampering with a government record.

Weis, 44, of Kihei had pleaded no contest to the charges that were brought for issuing false parking and speeding tickets to two people in three incidents in April 2013, July 2013 and February 2014. At the time, Weis was working as a Kihei patrol officer.

He was fired from his police job in 2015.

In a declaration filed in court, one man said he had to post $750 bail and hired an attorney after learning a ticket for excessive speeding had been issued in his name. The man said he was shocked to learn he had an outstanding warrant for not appearing in court for the ticket because he hadn’t been pulled over by police.

The man received money from Maui County to settle a claim alleging he was falsely issued citations by Weis, according to a declaration by Deputy Corporation Counsel Moana Lutey.

Heely noted that, at Weis’ sentencing, the prosecution said there were two victims in the case.

But after reviewing Lutey’s declaration and learning there had been a cash settlement for the man’s claim, “the court believes the County of Maui, society, was a victim,” Heely said Wednesday.

She said Weis would have received training in a code of ethics as other government employees do “so the public would have trust and confidence in the integrity of government.”

While still finding that Weis was unlikely to reoffend, Heely said she couldn’t find that “the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed,” which is another element for granting a deferral.

Defense attorney David Sereno argued against reconsidering Weis’ deferral, saying it was part of the sentence that had already been imposed. Weis has already paid $1,500 in fines ordered as part of his sentence, Sereno said.

Deputy Prosecutor Brandon Segal said that the prosecution was asking for reconsideration of the deferral but wasn’t seeking any increased penalties for Weis.

Sereno said it was likely that the defense would appeal the decision.

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