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Man sentenced to year in jail for Waiehu attack

WAILUKU — For an “extremely violent and random” attack on a young woman, a Wailuku man was sentenced Wednesday to one year in jail.

“There has to be a sentence that reflects the seriousness of what occurred and the trauma that was inflicted upon the victim in this case,” 2nd Circuit Judge Kirstin Hamman said in sentencing Dalton Mata, 22.

She said she took into consideration that Mata is young and “on a good path,” in following a plea agreement to also place him on four years’ probation. “I do have concerns that you were so intoxicated that night and you committed this random act of violence against a completely innocent person,” Hamman said.

Originally charged with attempted third-degree sexual assault, Mata had pleaded guilty to an amended charge of second-degree assault, as well as second-degree terroristic threatening.

The assault occurred at about 9 p.m. June 14, 2019, as the 19-year-old woman was walking home from work.

She was near Waiehu Beach Road and Makaala Drive when Mata grabbed her from behind in a bear hug, then shoved her to the ground and hit her on the back of her head, said Deputy Prosecutor Karen Droscoski. When the woman screamed, Mata ran away, leaving her stunned, Droscoski said.

“He was a complete stranger,” she said.

Moments later, Mata returned and got on top of the woman, Droscoski said.

She told him, “Please don’t do this … I will do whatever you want,” Droscoski said.

Mata punched the woman on the eye and said, “Kiss me or I’ll kill you.”

“The victim was afraid she would die,” Droscoski said.

She said Mata put his hand down the victim’s pants before she was able to grab his hand and pull it out.

The assault was seen by witnesses, including a resident of a nearby apartment complex and a passing driver, who pulled over to help. “If it weren’t for the driver, who knows what more would have happened?” Droscoski said.

“This is not a typical assault where the victim is known to the offender,” she said. “This could have happened to anyone in our community.”

She said what happened to the victim “still haunts her to this day.”

In a letter that Droscoski read in court, the victim said she is doing better after nearly three years, but driving home is difficult because she has to pass the location where she was assaulted.

“It hurts me knowing I could have possibly died that night if I did not fight back or try to get someone’s attention,” her letter said.

While acknowledging that the victim was “truly without fault,” defense attorney Matthew Nardi said Mata, who was 19 years old at the time, was “definitely a kid.”

“He was so drunk on the night in question,” Nardi said. “He was running around his neighborhood in his boxer shorts.”

He said Mata’s brother and his girlfriend went looking for Mata that night and also came upon the scene of the assault. “They knew he was so out of his mind, not being himself, not functioning in any type of rational way,” Nardi said.

“A drunk 19-year-old kid. That’s what this case really is,” Nardi said. “He’s not a criminal. At a certain point, alcohol will make anybody go out of control.”

While the prosecution sought the maximum one-year jail term under the plea agreement, the defense asked the court to consider house arrest or a recessed jail term that would have allowed Mata to continue working toward becoming a journeyman carpenter.

“He’s very troubled by his actions, very bothered and very disturbed by what he did,” Nardi said.

Mata said he doesn’t remember interacting with the woman that night, although he heard her testimony at a preliminary hearing a few days afterward.

“I have no reason to doubt anything she said,” he said. “I just feel horrible about what I did to her.

“Since that night, I have struggled with feelings of guilt, shame and embarrassment.”

He said he has support from his family and has seen a therapist “to help me understand how I could have even acted that way.”

After posting bail to be released after his arrest, Mata was arrested in March after he didn’t show up for a drug test, then the next day submitted a testing sample with a temperature that was out of range, suggesting he tampered with the sample, Droscoski said. Although Mata reported last drinking alcohol the night of the assault, testing showed he consumed alcohol in November 2020, she said.

Judge Hamman said Mata appeared to be minimizing his alcohol use.

“You clearly have a problem you’re struggling with,” she told the defendant. “I believe if left untreated, there’s a serious risk you could engage in the same kinds of conduct.

“I do want to see you get help. I do think probation is appropriate.”

As part of his probation, Mata was ordered not to consume or possess alcohol or illegal drugs. He also was ordered to complete anger management treatment and to write a letter apologizing to the victim.

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

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