October is Domestic Violence Month, and it is a time to honor and remember the victims who have lost their lives at the hands of loved ones — and to learn more about how to address a problem that exists
October is Domestic Violence Month, and it is a time to honor and remember the victims who have lost their lives at the hands of loved ones — and to learn more about how to address a problem that exists in all communities.
A sentencing in 5th Circuit Court offered hope that when a defendant did do all the right things, showing it is possible to rebuild a foundation of lost trust with loved ones.
It shows the promise and effectiveness of alternatives to violence programs and other therapies.
A Koloa man had been arrested for losing his temper and striking a car window with his fist.
He struck so hard that it shattered with enough force to cause the two children inside to suffer cuts from the flying glass.
The charges were serious. A second-degree assault with first-degree criminal property damage, unauthorized entry into a motor vehicle, abuse of family or household member and interfering with reporting an emergency.
The felony charges could have brought a five-year prison sentence with the option for the court to issue extended sentencing and double the jail term for the multiple felonies.
Defense attorney Gregory Meyers said that in the past six months the defendant had not made excuses for his actions and was proactive on taking alternatives to domestic violence.
His actions were out of character and he worried more about leaving his new family without a father and provider than himself.
The defendant’s wife and victim spoke to the court. She said her new husband had stepped in when the biological father of the children chose to step out of the picture.
The woman said she was convinced that her husband was addressing the core issues of his anger and that he would not place his family in danger again.
In past events, County Prosecutor Shaylene Iseri-Carvalho said that time is an important factor in prosecuting domestic violence cases.
She said the same victims who call police and have charges brought against a loved one will — over time — have a change of heart and become convinced that the offender has changed.
In many instances the scenario is likely to repeat, she said.
County Deputy Prosecuting Attorney Lisa Arin spoke differently about the Koloa man in court. She said in this case, the man’s actions seemed to match his words in court.
The defendant expressed remorse with well-articulated sincerity. He was ashamed that his actions caused injury to his children and accepted responsibility with full accountability.
Arin said the defendant claimed to have a bad day, and that this was indeed a very bad day.
She asked for a 30-day jail sentence with a five-year felony probation for the seriousness of the charges.
Chief Judge Randal Valenciano said he looked long and hard for an obvious reason that the defendant would act out with such violence in this case.
There was no sign of alcohol or other substance abuse, any financial troubles or something else that would explain the outburst.
The judge said he believed it might be a character flaw or a deeper root issue to deal with as a long-term problem. The defendant’s statements that he did not intend to injure anyone might be true, but there were more appropriate ways to handle the situation than to place children at risk.
I can only imagine how much fear that you instilled in those children and your wife, Valenciano said.
Once a behavior like that is committed it may be impossible to ever completely restore that level of trust, and that is something you will always have to live with, he added.
Valenciano ordered a five-year felony probation for the first-degree property damage charge, and a two-year probation for two misdemeanor abuse of family or household member charges. He was also ordered to spend 10 days in jail above and beyond any time already served in the matter.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
