WAILUKU — A five-year prison term was ordered Thursday for a Haiku man who was convicted of assaulting his former girlfriend, starting in a restaurant and bar, then continuing in the parking lot.

At the time, a court order prohibited Nahinu Freitas, 36, from contacting, threatening or abusing the woman.

“Rarely have I encountered a victim who is so utterly terrified of her abuser,” Deputy Prosecutor Andrew Martin said. “This was a woman who had obtained an order that is supposed to protect her from the harm perpetrated on her by her abuser.”

He said the court order didn’t help the woman Nov. 17, 2017, when Freitas assaulted her “in a very public place, in the middle of a restaurant and bar on a busy night.”

People who knew both Freitas and the woman were there, Martin said.

“What makes this so troubling is not the level of violence, not the fact that he violated an order for protection to perpetrate this act, but that he did it in such a public place,” Martin said. “The message it shows to the court is there is no line for this defendant. There is no line that he isn’t willing to cross.”

Freitas assaulted someone who was with the woman first, then assaulted her, Martin said.

“When they were both removed from the establishment, it didn’t end there,” he said. “He went on and assaulted the victim further in the parking lot.

“There is a debt to pay here for the level of harm he caused to this victim, the brazen nature in which he enacted that harm.”

While the prosecution recommended prison for Freitas, he asked to be placed on probation after already spending about seven months in jail.

Defense attorney Wendy Hudson said she had received numerous calls from the woman, who said she didn’t want to testify and wanted to withdraw prosecution in the case.

The woman also said she was inebriated that night, Hudson said.

She said Freitas and the woman hadn’t been in a regular relationship for years and had obtained mutual temporary restraining orders in 2013. She was granted a five-year court order for protection that expired Nov. 8, 2018, according to court records.

Freitas, an Army veteran, would have a job and insurance to pay for drug rehabilitation if released from jail, Hudson said.

Freitas’ mother and father, who were among several family members and friends in the courtroom gallery, said Freitas didn’t belong in prison.

“It’s not about good versus bad as a person,” 2nd Circuit Judge Peter Cahill said. “It’s about doing a bad thing.”

“Prison isn’t only to help for the future,” Cahill said. “Prison is punishment for the past.”

Hudson said Freitas had done well on probation in the past and needed treatment for his methamphetamine use.

Martin said Freitas had successfully completed both anger management treatment and domestic violence intervention classes when he was previously placed on probation for second-degree theft, third-degree assault and abuse.

“It did nothing,” Martin said.

He said the assault case reflected “dynamics of an abusive, violent relationship.”

Speaking in court, Freitas said he was sorry “for any harm or trauma” to the victim.

“I hope that she will accept my apology one day,” he said.

“I don’t consider myself a threat to our community,” he said. “I know that my drug use has definitely been a contamination to our community.”

Freitas had pleaded no contest to second-degree assault, with other charges, including 26 counts of violating an order for protection, dismissed in exchange for his plea. The prosecution agreed to recommend that Freitas serve a minimum term of one year and eight months before being eligible for parole.

In two other cases, he pleaded no contest to three counts of third-degree promoting of a dangerous drug.

In sentencing Freitas to prison, Judge Cahill said, “This is a troublesome case.”

“Given the type of programs he was in before, this really shouldn’t have happened,” Cahill said. “And that’s what the terrible part of this is.”

He said support from Freitas’ family would help him when he is paroled.

“Rehabilitation will take place when he’s granted parole,” Cahill said. “I hope that sooner rather than later.”

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