WAILUKU - A man who was on probation when he punched another man in a Makawao parking lot was sentenced last month to a five-year prison term.
As a repeat offender, Ryan Shibata, 21, of Makawao, was ordered to serve at least one year of the term before being eligible for parole.
"The attack here was one that was completely unprovoked," 2nd Circuit Judge Joseph Cardoza said in imposing the sentence.
The victim suffered extensive injuries, Cardoza said. "As a result of what you did, he's going to have to live with this for the rest of his life," the judge told Shibata.
Shibata had pleaded no contest to a charge of second-degree assault Aug. 16, 2009.
According to court records, a 38-year-old Kula man had gotten off work at Casanova Italian Restaurant and was straddling his motorcycle in the Stopwatch Sportsbar & Grill parking lot on Makawao Avenue when he was struck on the right side of his face by a male, who then ran away. The victim had two teeth knocked out and suffered a concussion, as well as multiple fractures to his right sinus and right eye socket.
"The victim was just trying to go home after a long night of working as a busboy," said Deputy Prosecutor Cody Minatodani.
She said the plea agreement spared the victim the stress and anxiety of having to testify at a trial.
Speaking in court Thursday, Shibata said he was "sorry from the bottom of my heart."
He said he didn't mean to hurt the other man.
A man who was with the victim recognized Shibata as the assailant, according to court records. When he was questioned by a police detective, Shibata said he was "having a real bad day" when he walked up to and punched the man.
The plea agreement between the defense and the prosecution recommended the shorter minimum term for Shibata, based in part on his age, said Deputy Public Defender Wendy Hudson. She said Shibata was in college, had completed a treatment program and had strong family support.
Hudson said Shibata's family had paid about $400 toward the victim's medical bills.
But Minatodani said a doctor's letter indicated that the victim may need additional medical treatment. She also sought restitution to cover damage to the victim's motorcycle, which fell to the ground when he was hit.
A restitution hearing is scheduled for Sept. 15
Shibata's probation was revoked and he was sentenced to five-year prison terms for first-degree unauthorized entry into a motor vehicle and second-degree theft in a 2008 case.
In other sentencings:
A 58-year-old man was placed on five years' probation for firearms offenses.
Claude David Neitz was given credit for nearly four months he had already spent in jail.
He had pleaded no contest to being a felon in possession of a firearm, being a felon in possession of ammunition and two counts of possession of a prohibited pistol magazine.
Police seized a Ruger 9 mm pistol and two magazines loaded with 15 rounds of 9 mm ammunition after being called to a Kihei residence where Neitz was a tenant on July 5, 2007. According to court records, he denied allegations that he waved the handgun at others in the home but admitted he was a felon and shouldn't have had the weapon.
Neitz has prior convictions in California for sale of a dangerous drug or controlled substance, possession of a firearm by an ex-felon or addict, assault with great bodily injury and battery with great bodily injury, according to court records.
Cardoza ordered that the firearm and ammunition be forfeited and ordered Neitz to pay $2,339 in extradition costs.
A 29-year-old Kihei man was sentenced to a one-year jail term for starting a brush fire near homes on Akai Street in Kihei on Aug. 1, 2008.
Alan Mendoza had pleaded no contest to a reduced charge of second-degree reckless endangering.
Residents reported hearing the popping of fireworks before seeing the fire, which caused about $1,000 in damage to beehives in the area and $1,750 in damage to a fence, according to court records.
A restitution hearing for Mendoza is set for Sept. 15. He is serving the jail term at the same time as a five-year prison term for first-degree terroristic threatening and second-degree assault in a 1999 case.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.
