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The Maui News
WAILUKU -- A Hana woman was given a chance to keep a felony conviction off her record for her role in what the prosecution described as a protest and takeover of private property in Kipahulu last year.
Ona Nakooka, 35, had pleaded guilty to a reduced charge of second-degree burglary.
Other charges, including first-degree theft and riot, were dismissed in exchange for her plea.
Four defendants have been charged in the case that involved a large group of people who "took over someone else's property, claiming it was theirs," Deputy Prosecutor J.W. Hupp said during Nakooka's sentencing Tuesday.
The kuleana lands dispute occurred from Jan. 1 to 4, 2020, at the property on Hana Highway in Kipahulu.
Nakooka didn't appear to be one of the leaders of the group, Hupp said. "She knew this was some kind of protest going on where they were taking over someone else's private property," he said.
Her attorney, Wendy Hudson, said Nakooka and her family had been camping in Kaupo when another defendant called her husband and said to stop by the location.
"She's in the truck, she had the kids," Hudson said. "She ran into the house with the kids. She's the least culpable of anybody involved."
In a statement in her change-of-plea form, Nakooka said: "I was not involved in the planning of this event and was returning from camping with my family when my husband was called to come help. After we arrived, someone said to go inside of the house with the children and lock the doors to be safe, so I did."
Hupp said the plea agreement gives Nakooka a chance to "keep her record clean and show her family that there is redemption when you mess up."
"It would be good for her to teach her children about this experience and that she made a mistake and she's owning up to it and taking care of it," he said.
Nakooka said her four children, ranging in age from 10 to 15, were her No. 1 priority.
"It makes my kids see what can happen, bad or good, and it's very important taking care of your responsibilities," she said in court.
Noting that Nakooka has no other criminal record, 2nd Circuit Judge Peter Cahill granted her request to keep the conviction off her record if she follows court requirement for the next four years. She was given credit for two days she previously spent in jail.
"This is an appropriate and fair outcome," he said.
Cases are pending against three others, including Nakooka's husband, who have been charged in the case.