Woman given choice of drug program or jail after recent probation violation

She faces 18-month sentence if she is not admitted to Drug Court or a clinical treatment program

WAILUKU -- A judge told a woman she had the choice of going to treatment or going to jail, after she admitted violating her probation by using illegal drugs and not completing a drug treatment program.

"You cannot even comply with the conditions of your probation, which is to stay with your substance abuse treatment," 2nd Circuit Judge Kelsey Kawano told Sonia Davis as she was resentenced Thursday. "That's a warning signal. It's a flashing red light telling me you're incapable of doing what you need to do."

Davis, 63, had been given a chance to keep a felony conviction for second-degree promotion of a dangerous drug off her record when she was placed on four years' probation in January 2020.

The month before, she was arrested with 13 packets containing more than one-eighth ounce of methamphetamine during a police investigation of homeless drug-dealing activity near Kahului Public Library.

Deputy Prosecutor Tracy Jones said Davis had done poorly on probation and recommended she be sentenced to jail or prison.

Although an 18-month jail term had been suspended on the condition that she complete probation, "she did not," Jones said.

"She reverted to drug use," Jones said.

Davis said she did participate in outpatient drug treatment after a report filed by her probation officer that she wasn't complying with requirements of her probation.

Defense attorney Damir Kouliev said Davis has "grave medical issues" that could be helped by sobriety. Incarcerating her would be a risk for her and a burden for the Department of Public Safety, Kouliev said.

Davis said she had been trying to get into a treatment program before ending up in the hospital.

In resentencing Davis, Judge Kawano imposed the 18-month jail term as part of probation but said it would be on hold if Davis is admitted into the Maui Drug Court or a residential drug treatment program.

"One of those two things must happen -- graduation from Maui Drug Court or clinical discharge," he told Davis. "You don't have any choice anymore.

"If you don't want to do what the court just ordered, you're going to spend the rest of the 18 months in prison."

A March 25 return date was set for Davis.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.