WAILUKU - A woman has been given a chance to keep a felony conviction off her record for driving into her boyfriend's car during an argument last year.
Irene Evans, 36, of Wailuku was ordered to attend domestic violence intervention classes as part of her sentence imposed March 21.
She could keep a conviction for second-degree criminal property damage off her record if she follows court requirements for five years.
Evans was arrested after police were called to the Kahekili Terrace parking lot on North Market Street shortly after 4 p.m. Oct. 25 to investigate a reported abuse in progress.
According to police, Evans' boyfriend, Melvin Cummings Jr., said that she had driven her pickup truck toward him when he jumped out of the way, landing on the hood of the truck and smashing onto the windshield before he fell off.
But testifying two days later, Cummings said that the truck was going slowly, and he didn't think Evans was trying to injure him. He said he jumped onto the truck to punch the windshield and had rolled off when Evans drove into his car.
After a Wailuku District Court judge ruled there wasn't enough evidence to support an attempted murder charge, Evans pleaded no contest to the remaining charge of criminal property damage.
"This was a disagreement that got out of hand," said defense attorney Matthew Nardi.
Evans said she and Cummings, who have a daughter, had reconciled.
"Now I know what the drug really made me do," she said in court. "It wasn't me. I'm just willing to start over again, if you can just give me probation."
In granting Evans' request for a chance to keep the conviction off her record, 2nd Circuit Judge Peter Cahill noted that she had been employed and had no significant prior record.
Evans was given credit for 15 days she previously spent in jail.
In another sentencing March 21, a Kihei woman was ordered to pay fines totaling $5,000 and $385 in restitution in connection with her arrest for theft of clothing from a Kihei store.
Ana Mercedes Lebar, 47, had offered to pay the fines as part of a plea agreement, said Deputy Prosecutor Jeffery Temas.
Originally charged with three counts of second-degree theft, she had pleaded no contest to two counts of first-degree criminal trespassing and third-degree criminal property damage.
The charges were for incidents Feb. 7 and 8 and April 2, 2012, at 808 Clothing Co.
In court, Lebar apologized. "This is never going to happen again," she said.
Following terms of the plea agreement, 2nd Circuit Judge Joseph Cardoza placed Lebar on one year's probation and ordered her not to enter the store. She was ordered to write a letter apologizing.
* Lila Fujimoto can be reached at firstname.lastname@example.org.