WAILUKU - A Makawao man who said he wanted to "move forward in life" was released from jail Oct. 25 and placed on five years' probation for assault and burglary charges.
Kipp Haole, 40, was given credit for about three months he had spent in jail.
"What's important is committing yourself to change, and that's going to take work," 2nd Circuit Judge Joseph Cardoza told Haole. "The game plan that you've had in place is not working, so you've got to change it."
Haole had pleaded no contest to first-degree burglary, two counts of second-degree assault, second-degree terroristic threatening, third-degree assault and seven counts of violating an order for protection in three cases.
In one case, his girlfriend reported he showed up at her residence in Makawao on Dec. 28 three days after they had separated and began yelling at her. He also choked her and hit her in the ear, perforating her eardrum, and threatened to kill her, according to court records.
Another assault was reported in the early-morning hours of Feb. 26 after a Makawao man told police that Haole threw a beer bottle at his head. The man was treated for a laceration on his upper lip. The assault with the beer bottle occurred after the man was driving home with Haole from a party and Haole punched him in the face, according to court records.
The order for protection violations were for having contact with his girlfriend April 16 in violation of a Family Court order.
In court Thursday, Haole said he and his girlfriend were back together.
In the case involving the assault of the man, Haole said the victim had been at a baby luau for a relative of Haole. He said Haole's family members wanted to see that the man didn't drive because he had been drinking even though he was under the legal age of 21.
Defense attorney Jon Apo said Haole hoped the court would allow him to continue his prescription use of marijuana.
Deputy Prosecutor Kim Whitworth said the request was "very telling."
"He's not concerned about anyone else but once again Kipp Haole," she said. "He's not concerned about the victims he left behind."
According to the Hawaii Criminal Justice Data Center, Haole has 26 prior criminal convictions dating to 1993, including ones for violating an order for protection, first- and second-degree terroristic threatening, first-degree criminal property damage, third-degree assault, third-degree promotion of a detrimental drug, disorderly conduct and contempt of court.
"He is a violent man who uses his fists and his threats to intimidate people and to manipulate people," Whitworth said. "What he's worried about most is whether or not he can smoke weed."
Haole said his use of marijuana was related to his loss of appetite. "It's nothing to do with smoking marijuana," he said.
He also said he was remorseful.
"I do want to complete this probation," he said. "I don't want to come back to prison. I do have kids, and that's what's making me strive to do the best I can."
Cardoza, who followed a plea agreement in imposing the sentence, ordered Haole not to consume alcohol or drugs, including medical marijuana, and not be in the presence of anyone using such substances. But the judge said he was open to reconsidering the prohibition on medical marijuana if Haole provides proper documentation.
Haole was ordered to pay $19,408 in restitution in the assault involving the man.
In another sentencing, a 19-year-old Waiehu woman was given a chance to keep felony burglary and theft charges off her record if she follows court requirements for five years.
Kapeka Lapenia-Lau was ordered to pay $6,831 in restitution along with co-defendants in a Nov. 21 burglary of a Waiehu Terrace residence.
A co-defendant went into the home with Lapenia-Lau, while a third person waited outside in a vehicle, said Deputy Prosecutor Jeffery Temas. He said personal items valued at thousands of dollars were stolen from the victims.
Lapenia-Lau, who had pleaded no contest to first-degree burglary and second-degree theft, was given credit for 90 days she had spent in jail.
She was ordered to write a letter apologizing to the victims.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.
