Makawao man resentenced to 10-year prison term

Kipp Haole, 45, violated probation conditions four times

WAILUKU — After violating requirements of his probation in kidnapping, burglary and assault cases for the fourth time, a Makawao man was resentenced Friday to 10 years in prison.

Kipp Haole, 45, had his probation revoked based on convictions for harassment and fourth-degree criminal property damage.

Deputy Prosecutor Iwalani Gasmen said Haole had been told several times by two probation officers about the requirements of his probation.

“Despite being warned by both probation officers, he continued to violate those conditions, not once but four times,” she said, recommending that Haole be resentenced to prison.

Haole asked for another chance on probation.

“While on probation, I never missed an appointment,” he said in court Friday.

His attorney, Keith Shigetomi, said others had warned him that Haole was a target — “someone that was considered prey to be hunted.”

“He was described to me as a Teflon defendant,” Shigetomi said.

In addition to facing revocation of his probation in three criminal cases, Haole was awaiting trial in three felony cases, Shigetomi said. But he said each of the cases was dismissed by the prosecution as trial approached.

Two more felony cases were brought against Haole, who has been incarcerated for almost two years, Shigetomi said.

“Even while he’s in prison, the hunt for Haole continues,” Shigetomi said. “That’s an indication of just how much there was this desire to try and go after Kipp.”

Shigetomi disputed findings by a state laboratory that led to an allegation that Haole had ingested methamphetamine while on probation.

Second Circuit Judge Joseph Cardoza said the drug test results weren’t the focus. Rather, Haole was being resentenced for “committing criminal offenses after being given multiple chances to prove himself on probation,” Cardoza said.

Shigetomi said there was evidence that petty misdemeanor offenses weren’t always used to revoke someone’s probation, as was being done in Haole’s case.

Gasmen disputed the defense allegation that Haole was being treated differently, noting he previously had his probation revoked for another harassment conviction.

“There has been no selective treatment here,” she said. “The system is fair, and the defendant knew of the requirements of probation.”

According to court records, Haole was sentenced to five years’ probation in October 2012, then was resentenced to probation after violations in September 2013, September 2014 and October 2015.

In three cases, Haole was convicted of first-degree burglary, kidnapping and two counts of second-degree assault.

There were three victims harmed by Haole in those cases, Gasmen said.

In one case, a man was struck in the face with a beer bottle and hit again while driving, suffering a facial laceration, she said.

In another case, a woman who had broken up with Haole was strangled until she almost lost consciousness and hit in her left ear, suffering a perforated eardrum, Gasmen said. Haole had entered the woman’s home after being told he wasn’t welcome, she said.

The third victim was another woman, who had picked up Haole to give him a ride, when he had her pull off the road in Kula, reclined his seat, grabbed her by the hair and slammed her against the rear windows of the vehicle as she screamed, she said.

Haole was convicted of harassment for “chest bumping and threatening” a bail bond company employee, Gasmen said. The employee was told that if he didn’t pay Haole money, “he would have someone take care of him,” she said.

The fourth-degree criminal property damage conviction was for kicking the front door of the Wailuku Police Station, causing the glass to shatter, on April 8, 2016, while Haole was out of custody, Gasmen said. The act was captured on video. Haole also threw a clipboard at the glass of the police Receiving Desk window so the clipboard broke, she said.

“The defendant’s criminal history is astonishing,” Gasmen said.

Noting that Haole has 45 criminal convictions, Gasmen said a prison sentence “would protect the public from future crimes of the defendant.”

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

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