Molokai man gets 90 days for violating restraining order
The Maui News
WAILUKU — A Molokai man has been sentenced to a 90-day jail term after he was found guilty of violating a restraining order by going onto family property.
Alika Kahue, 50, was placed on two years’ probation as part of his sentence imposed Wednesday.
In a trial last year, Kahue was convicted of the misdemeanor charge for going onto his sister’s half of the family’s 40-acre Hawaiian homestead property in Hoolehua the evening of Oct. 20, 2016, after he had been served with a restraining order obtained by his niece.
Kahue was acquitted of other charges of second-degree assault and violating another restraining order obtained by his brother-in-law.
At Kahue’s sentencing Wednesday, 2nd Circuit Judge Rhonda Loo said Kahue needed to stay away from family members as long as a restraining order remains in effect.
“Some combinations just don’t work — peanut butter and chili sauce, ice cream and vinegar, you and your family,” she told Kahue. “Until the family gets along, you guys just can’t have any contact.”
He had asked to be spared any additional jail after previously spending 13 days incarcerated.
The night he was arrested, Kahue had gone back to the family home to retrieve his belongings, said Deputy Public Defender Zach Raidmae.
“He hasn’t been there since,” Raidmae said. “This is an old Hawaiian family who is not getting along. They have separate lives connected only through this Hawaiian homelands property.”
Kahue is working, Raidmae said. He said land is going to be subdivided into two 20-acre parcels, which are already separated by a fence.
Deputy Prosecutor Carson Tani argued for the 90-day jail term for Kahue, citing his criminal history including previous violations of a temporary restraining order and other convictions that led to prison terms.
While Kahue told police he thought he had until 10 that night to go back to the property, Tani said the defendant was familiar with the restraining order process, which allows for a return to the property only with a police escort.
Family members were so upset by Kahue’s presence that they called police, who calmed down the situation that night, Tani said.
According to court records, Kahue’s criminal record includes being sentenced to prison for second-degree burglary and being a felon in possession of a firearm or ammunition.
Judge Loo said she sentenced Kahue based on his prior felony convictions, as well as prior convictions for violating a temporary restraining order and the facts of his current case.
Kahue was ordered to pay a $150 fine, perform 100 hours of community service and complete anger management treatment. He also was ordered to write a letter apologizing to his niece.
After the sentence was imposed, the defense asked to have the jail term stayed pending an appeal in the case.
Kahue was taken into custody on $7,500 bail.