×

Man to serve six months in jail for violating court order, kicking jail guard

WAILUKU — A man who said he “messed up” by not following through with drug treatment was sentenced to a six-month jail term for violating a court order by going to a relative’s residence and for kicking a jail guard.

Ikaika Brandon Gomes, 22, of Wailuku also was placed on five years’ probation.

In imposing the sentence Wednesday, 2nd Circuit Judge Adrianne Heely questioned why a plea agreement between the prosecution and defense recommended probation, despite a report that Gomes had been involved in fights and was “assaultive” toward staff while incarcerated.

Deputy Prosecutor Anthony Herndon said the prosecution recognized that Gomes needs substance abuse treatment, in joining the defense to ask that the defendant be given “one more chance.”

He said Gomes’ family been through a lot with him. “They do love him and they care about him, but they want him to get treatment,” he said. “The state has concerns that he’s not taking probation seriously.”

Last year, Gomes was placed on probation for violating an order for protection in two cases. After being arrested on allegations that he violated his probation, he was released from the Maui Community Correctional Center on March 1 to go directly into a residential treatment program on Oahu.

He left the program without authorization soon afterward, Herndon said.

Then Gomes was arrested for again violating the court order April 18 by going to his grandfather’s house. While in jail, he was arrested for kicking an adult corrections officer in the chest while the guard was doing a routine check June 3.

Gomes had pleaded guilty to second-degree assault and violating an order for protection.

Deputy Public Defender Brad Sova said Gomes has mental health issues that were untreated when he tried to self-medicate with illegal drugs, which exacerbate the problem.

“It is a sad and all-too-common situation we see,” Sova said. “The conduct in question is concerning but it didn’t develop out of nowhere.

“His family’s primary desire is to see him get the help he ultimately needs.”

Gomes has already spent about five months in jail, Sova said.

“Sorry I messed up,” Gomes said, referring to his leaving the treatment program.

Judge Heely noted that the jail guard reported he “felt pain to his chest, his lower back and his neck area” after being kicked.

“You’re extremely lucky that the state is not asking for a five-year prison term,” Heely told Gomes. “When you’re assaulting those that are tasked with the duty of caring for you and making sure you are safe, I’m thinking I should not follow the plea agreement.”

Although there wasn’t any violence when he went to his grandfather’s house to get clothes from the laundry room, Gomes had been ordered not to go to the house, Heely said.

“Hopefully these are learning lessons for you,” she said, in following the plea agreement to place him on probation.

Gomes was ordered to complete an anger management program and abide by the protective order that was extended to July 2025.

He also was ordered not to consume alcohol or illegal drugs.

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

Only $99/year

Subscribe Today