LIHU‘E — Despite a plea deal dropping serious charges and the court granting a deferred sentence, a Hanalei man was cautioned to take a hard look at a drug dependency issue. But the case was complicated by the fact that
LIHU‘E — Despite a plea deal dropping serious charges and the court granting a deferred sentence, a Hanalei man was cautioned to take a hard look at a drug dependency issue.
But the case was complicated by the fact that the defendant had a prescription for the medicine.
Matthew Tangelder, 19, entered a guilty plea Thursday in Fifth Circuit Court on fourth-degree promotion of a dangerous drug. He was arrested March 28 on three counts of third-degree promotion of a dangerous drug, two counts of fourth-degree promotion of a harmful drug, third-degree promotion of a detrimental drug, and drug paraphernalia.
Tangelder pleaded guilty to misdemeanor fourth-degree promotion of a harmful drug on Aug. 8. The remaining charges were dropped conditionally with one-year probation.
Deputy Public Defender Christian Enright represented Tangelder, filing the request for a deferred sentence. The court granted a one-year deferral with the condition that Tangelder comply with terms of probation to include 100 hours of community service and a substance abuse or dependency assessment.
Enright noted that Tangelder had a variety of opiate painkillers in his possession when arrested after a roadside stop. He had prescriptions for the medications as the result of an automobile accident, however, they were all in one container which is illegal.
Tangelder did not like the effects of the painkillers and feared a growing dependency, Enright said. He obtained a prescription for medical marijuana for chronic knee pain instead of the opiates that he began to use sparingly.
Enright described Tangelder as a hard-working, self-employed landscaper who would not benefit from jail time.
County Second Deputy Prosecutor Samuel Jajich said this case was difficult with the defendant having prescriptions for medications that may have been misused. However, he said Tangelder did not have a prior drug offense and felt community service would suffice. He deferred to the court for suggested sentencing.
Fifth Circuit Chief Judge Randal Valenciano said Tangelder’s statements in the plea deal were a window to what he was thinking. The statements were those of someone who felt they had not broken the law, and Tangelder only retracted this when told the choice was to admit guilt in the plea or to take his case to trial.
Valenciano said Tangelder is a young man and has plenty of time to take the right path if he continues making good decisions.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@ thegardenisland.com.
