LIHU‘E — Agreeing with County Prosecutor Shaylene Iseri-Carvalho that James Mundon is a threat to society, 5th Circuit Judge Kathleen Watanabe sentenced the 56-year-old Kapa‘a man to 40 years in prison Tuesday. The judge gave him two, consecutive 20-year prison
LIHU‘E — Agreeing with County Prosecutor Shaylene Iseri-Carvalho that James Mundon is a threat to society, 5th Circuit Judge Kathleen Watanabe sentenced the 56-year-old Kapa‘a man to 40 years in prison Tuesday.
The judge gave him two, consecutive 20-year prison terms after two Kaua‘i juries found him guilty of attempted first-degree sexual assault and kidnapping. The case dates back to 2004 involving a young, female Canadian visitor.
An appellate court reversed the first conviction, and the second jury found Mundon guilty earlier this year. Watanabe presided over both trials. Mundon said he would appeal his most recent conviction.
He must serve a mandatory minimum of 13 years, four months, with credit for time served. He is currently incarcerated at Kaua‘i Community Correctional Center. The total time to be served after the mandatory minimum will be determined by the Hawai‘i Paroling Authority.
“What is critical in this court’s determination is that you did prey on the victim’s vulnerability,” said Watanabe, adding that evidence presented at both trials indicated Mundon forced the victim at knifepoint to take off her clothes and he attempted to rape her.
Mundon methodically planned his “brutal, vicious attack” on an unsuspecting visitor unfamiliar with Kaua‘i, held her at knifepoint, tackled and punched her and pushed sand down her throat when she tried to flee on foot, Iseri-Carvalho said. He attempted to rape her before she was able to escape largely due to Mundon’s exhaustion after the chase, she added.
Iseri-Carvalho said Mundon has a long history of “violent acts,” including convictions for family abuse, assault and harassment. He was on probation after one of the convictions when the kidnapping and attempted rape occurred near the area known as Marine Camp near Wailua Golf Course and the Kaua‘i Beach Resort in early 2004.
In one of the earlier cases, Mundon slapped and punched his wife, who suffered a broken hip in the attack, Iseri-Carvalho said.
“I did have an anger problem with my wife,” Mundon said. “We did have some disagreements,” but worked them out.
“I never did anything to harm the community,” he said, adding that he never assaulted anyone except when people came to his house and threatened him.
“You’re saying you didn’t harm the community, just your wife,” said Watanabe, a point she would return to upon handing down her sentence.
“The defendant is a threat to the community,” said Iseri-Carvalho, for the “horrific, brutal, vicious attack he has committed.”
Stuart Fujioka, the Honolulu-based attorney and Mundon’s standby attorney as Mundon represented himself during the second trial, argued that Mundon did not deserve consecutive 20-year terms, but concurrent terms.
Watanabe formally appointed Fujioka as Mundon’s attorney of record for the purposes of Mundon’s appeal.
Iseri-Carvalho said the Canadian victim was kidnapped, beaten and subjected to death threats, and while the bodily injuries have healed the emotional scars remain.
The victim has regular nightmares, is paranoid of all men, and hasn’t been able to maintain a steady relationship, job or home, she said.
“This court has an obligation to state on the record its reasons why it thinks consecutive terms are warranted,” Watanabe said.
She said she has an obligation to promote Mundon’s respect for the law, provide just punishment and protect the community.
Therefore, the consecutive sentencing is “very much warranted,” the judge said.
• Paul C. Curtis, assistant editor and staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
