LIHUE — A Hanapepe man was sentenced on Monday in 5th Circuit Court to just shy of one year in jail and given a five year special probation for high risk offenders for sexually assaulting a minor.
Joel Acoba Jose, 39, was sentenced for inappropriate touching and must complete the 5th Circuit “Hawaii Opportunity Probation with Enforcement” program, or HOPE Probation. It requires closer supervision and more severe sanctions for violations.
The court also ordered a psychosexual evaluation and any recommended treatment to accompany HOPE.
“I am honoring the plea agreement but I have concerns and I have obligations to do what is right for the community,” said Judge Kathleen Watanabe.
Jose entered a plea on Aug. 12, in a deal that dismissed one of the charges, whereby the state recommended probation with 364 days in jail.
Jose originally faced charges on two cases involving touching incidents with a pair of boys, aged 7 and 8, at a “morning club” before-school program in September 2011. Jose was there with a daughter and the child of a relative and was not an employee of the school or the program.
During his sentencing, Jose apologized for his actions.
“I am sorry for what I did,” said Jose in English, although he spoke through Ilocano interpreter Felipa-Felina Garduque for most of the hearing. “I learned my lesson and now I know what is right and what is wrong.”
Watanabe said she was concerned with the defendant’s statements in expressing remorse and taking responsibility, while also claiming there was no sexual intent in the touching.
“What are you sorry for?” she asked.
Jose said he was sorry for touching the leg but that it was meant to be playful. Jose’s spouse and sister were present in court.
The state agreed to the deal in part for the lack of criminal history, and to spare the children from the trauma of the cases going to trial, said County Deputy Prosecuting Attorney Lisa Arin.
The court sometimes sentences a defendant to HOPE probation without the maximum possible jail time to allow for anticipated sanctions.
Once the maximum jail time is used up the defendant is in a position to be resentenced to another probation or to the full prison term.
The judge said only one violation of HOPE could result in a revocation and resentencing to a full prison term in both cases, which could be five years per charge.
Defense attorney Thomas Otake asked the court to honor the agreement reached with the prosecution and sentence Jose to probation with up to six months jail. This would create a hardship on the family, he added.
Jose, a non-permanent resident, would fall into an automatic deportation status as the third-degree sexual assault charges are C-felonies. Under federal law, a one-year or longer sentence for sexual abuse of a minor is considered an aggravated felony.
Reducing the sentence to 364 days or less takes the conviction outside the definition of aggravated felony.
