LIHUE — A Lihue woman who had nearly completed the terms of her probation was resentenced to another five years after her violating the terms of her probation. Fifth Circuit Court Judge Kathleen Watanabe sentenced Melody Dawn Pacanas, 36, to
LIHUE — A Lihue woman who had nearly completed the terms of her probation was resentenced to another five years after her violating the terms of her probation.
Fifth Circuit Court Judge Kathleen Watanabe sentenced Melody Dawn Pacanas, 36, to nine months in jail, with credit for time served, and five years of HOPE probation Tuesday after Pacanas admitted to violating her probation in August after the death of her grandmother.
“I’m not going to let you squeak by,” Watanabe said to Pacanas. “I’ve seen you a number of times in this courtroom and this is the worst that I’ve seen you look.”
First Deputy Prosecuting Attorney Jennifer Winn had requested an open terms sentence of five years in jail for Pacanas, but the judge instead gave her five years HOPE probation.
Watanabe told Pacanas only she would know if what she said in open court Tuesday was true.
Pacanas said she, along with her husband and uncle, was one of the caretakers of her grandmother. Her grandmother had to be medevaced to Oahu on Aug. 25 for an undisclosed illness, she said.
During that time, she said she was dealing with so much stress, she used drugs. On Oct. 5, her grandmother died and Pacanas could not deal with the emotional stress, said deputy public defender Stephanie Sato.
Part of the conditions of Pacanas’ probation included an optional acceptance into an in-patient treatment program after serving 120 days at Kauai Community Correctional Center, but if Pacanas does not complete the program, she would have to report back to KCCC and serve the remaining jail term.
“This is your chance. You said you need counseling,” Watanabe told Pacanas. “The jail sentence is for nine months. You have an opt-out. If you choose not to get treatment, you’re going to sit there for nine months. I’m not going to look kindly on further violations.”
In 2009, Pacanas was charged with theft in the second degree, a class C felony, which could carry a penalty of five years imprisonment and/or $10,000 fine She was also charged with identity theft.
She pleaded guilty to the theft charge on Dec. 1, 2010 and was sentenced to five years HOPE probation less than a week later. The identity theft charge was dismissed with prejudice on Jan. 1, 2011.
Prior to her Aug. 5 offense, she had been to court for two other HOPE probation violations in April. On one occasion, she was confined to jail for 14 days.
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Michelle Iracheta, cops and courts reporter, can be reached at 245-0424 or miracheta@thegardenisland.com. Follow Michelle on Twitter @cephira
