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Woman accused of DUI with pistol and drugs in car

Judge decides to keep bail at $15K

WAILUKU — Bail was kept at $15,000 for a woman who was allegedly driving under the influence of alcohol in a vehicle where police found a loaded pistol and drugs.

Ana Havea, 34, of Kahului pleaded not guilty to keeping a pistol in an improper place, keeping ammunition in an improper place, DUI, open container, third-degree promotion of a detrimental drug and possessing drug paraphernalia.

During a 2nd Circuit Court hearing Wednesday, Havea asked to have her bail reduced to $5,000.

“She has six children and has had significant difficulties trying to reach them and talk to them while in custody,” said Deputy Public Defender Danielle Sears. She said Havea could live with her brother in Kahului.

Deputy Prosecutor Joanne Hicks asked for bail to remain at $15,000, citing the seriousness of the charges, flight risk and danger to the community.

Havea was arrested after police officers made a welfare check when they saw her driving a vehicle that was stopped in the middle of the road with its engine running at about 10:30 p.m. Nov. 23, Hicks said.

She said police reported Havea’s speech was slurred and there was a strong odor of alcohol coming from her body and breath, as well as the odor of marijuana coming from the vehicle.

When police asked her to step out of the vehicle for sobriety testing, “police observed that she was very unstable,” Hicks said.

Asked to perform the walk-and-turn test, Havea “was unable to follow instructions, was stumbling and almost fell and grabbed onto the police officer,” Hicks said.

On the Horizontal Gaze Nystagmus test, Havea showed six out of six clues that officers look for in judging sobriety while asking drivers to follow an object with their eyes, Hicks said.

She said a breath test measured Havea’s blood-alcohol level at 0.197 percent, while a blood test resulted in a 0.209 percent blood-alcohol level. Both levels are more than twice the legal limit of 0.08 percent.

“This defendant was intoxicated and made the choice to get behind the wheel,” Hicks said.

She said police were talking to Havea when they saw a semiautomatic pistol on the passenger-side floorboard of the vehicle, Hicks said. In the pistol was a magazine loaded with five rounds of live ammunition, Hicks said.

“Empty alcohol cans and bottles were observed throughout the vehicle,” she said. “A glass jar containing marijuana was also observed.”

After a police K-9 dog alerted to the presence of drugs, police obtained a warrant to search the vehicle and recovered 0.15 gram of marijuana, Hicks said.

Havea didn’t have a driver’s license and told police she was a Tongan citizen and had been in the state for five months, Hicks said. She said Havea also told police the gun belonged to her boyfriend and she didn’t know it was in the car.

Sears said there was probably a language barrier between the officer and Havea, who was helped in court Wednesday by a Tongan interpreter. Havea has lived on Maui for five years, Sears said.

She said Havea has no prior criminal history.

Judge Rhonda Loo followed a bail study recommendation in keeping bail at $15,000.

“I’m concerned about the alleged facts of the case,” she said.

An April 5 pretrial conference is set for Havea.

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

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