KILAUEA — A 26-year-old Kilauea man was sentenced to five years in prison Tuesday in three separate cases after a contested probation revocation hearing before Chief Judge Randal Valenciano. Zachary Schwartz had pleaded no contest to assault against a law
KILAUEA — A 26-year-old Kilauea man was sentenced to five years in prison Tuesday in three separate cases after a contested probation revocation hearing before Chief Judge Randal Valenciano.
Zachary Schwartz had pleaded no contest to assault against a law enforcement officer in the first degree, unauthorized possession of confidential personal information, abuse of family or household members and terroristic threatening in the first degree. Each of these offenses is a Class C felony punishable by up to five years of incarceration.
After pleading no contest in August of 2012, Schwartz was sentenced to one year of jail and placed in HOPE Probation (Hawaii’s Opportunity Probation with Enforcement). After being placed in the HOPE program, Schwartz violated the terms and conditions of probation eight separate times.
His violations included testing positive for cocaine, methamphetamine, alcohol, and unprescribed medication, as well as failing to report for multiple U/As and cognitive group sessions. In November of 2013, his HOPE Probation was
revoked and he was resentenced to 30 days jail and a new term of HOPE Probation.
Tuesday’s hearing addressed his failure to report for two U/As in February. His probation was revoked for a second time and he was sentenced to the five-year open term.
Second Deputy Prosecuting Attorney Rebecca Vogt represented the State of Hawaii and Mark Zenger represented Schwartz, who had been in custody since February of this year on a motion for revocation of probation.
