WAILUKU - A Kahului man who said he "made a mistake" was sentenced to a 12-day jail term for threatening his then-girlfriend while she had a restraining order against him.
"It's a pretty big mistake," 2nd Circuit Judge Peter Cahill said in sentencing Henry Victorino, 28.
He had pleaded no contest to first-degree terroristic threatening, with the prosecution dismissing a second-degree assault charge.
Victorino was arrested in February after he entered the woman's home, grabbed her by the throat and threatened her, said Deputy Prosecutor Emlyn Higa. He said the woman's daughter, who is a minor, was present.
At the time, Victorino and the woman were "on the way to a breakup," which has since occurred, said Deputy Public Defender Danielle Sears.
"It was a very emotional time," she said.
She said that the woman's daughter was in the house but wasn't in the same room at the time of the incident.
Sears said the woman had obtained a restraining order against Victorino that allowed for contact but prohibited abuse.
Victorino asked for a chance to keep the conviction off his record, with Sears saying he works full time and has no prior criminal history.
Higa opposed the request. He said the victim had described at least two prior instances when violence was committed while her daughter was present.
"This is a domestic violence situation," Higa said.
Cahill said he was "reluctantly" denying Victorino's request for the opportunity to keep the conviction off his record.
"It was pretty extreme," the judge said, referring to the nature of the offense.
"There has to be some consequences to the actions that occurred in this particular instance," Cahill said in ordering the jail term.
He said it didn't matter that the daughter wasn't in the room when the offense occurred.
"Maybe she wasn't in the room, but she was in the house," Cahill said. "It doesn't really make any difference. It was what you were doing at the time that's the real problem."
Victorino also was placed on four years' probation and ordered to participate in a domestic violence intervention program. He was ordered to have no contact with the victim.