LIHU‘E — A homeless man who sexually assaulted a child and was charged with 44 counts of non-compliance with the state sex offender registry was sentenced to prison Wednesday in 5th Circuit Court. Jayson Michael Toki, 40, of Lihu‘e, was
LIHU‘E — A homeless man who sexually assaulted a child and was charged with 44 counts of non-compliance with the state sex offender registry was sentenced to prison Wednesday in 5th Circuit Court.
Jayson Michael Toki, 40, of Lihu‘e, was sentenced to three consecutive five-year prison terms, with a mandatory minimum of 10 years to serve before being considered for parole. He was sentenced on two felony counts of third-degree sexual assault in one case, and four counts of failing to comply with sex-offender registry requirements in the other.
After listening to Toki’s statements in court, Judge Kathleen Watanabe said she was appalled and disturbed. The defendant re-offended against a family who took him in, she said.
Watanabe said there were no alternatives for probation or parole in this case. She said the full prison term is appropriate.
Defense attorney Caren Dennemeyer said Toki took responsibility and confessed immediately upon learning why he was arrested. He waived his right to a preliminary hearing and pleaded guilty to both charges on Nov. 13.
Dennemeyer said her concern was that the state was asking for 15 years jail when the stipulation was for 10 years incarceration in the plea agreement. She said the non-compliance charges are a separate matter and the sentence should run concurrent given the difficulty he had keeping his registry updated as a homeless person.
Toki said he had stayed with parents when he got out of prison in 2010. When they passed away he was unemployed and lived on area beaches, he said.
After he was allowed to stay in a tent owned by his friends, he was arrested Oct. 2 on two charges of third-degree sexual assault of a 12-year-old child. The girl was the daughter of his friends.
Toki had said he didn’t know why he was arrested until police left him alone in the interview room. After looking down at the file folder and seeing the girl’s name, he confessed immediately to police, he said.
County Deputy Prosecuting Attorney Lisa Arin said the defendant was previously sentenced to a five-year prison sentence for felony third-degree sexual assault charge in 1998. He had also completed requirements regarding a psychosexual evaluation and classes.
The re-offense shows that following a prison term, the defendant would need a strict probationary period to ensure compliance. She said it would also help to assure the defendant retains what is learned in classes to help prevent him from harming someone again.
Arin said the state’s offer of a plea deal was for taking into account Toki’s sporadic efforts to remain compliant. However, there is no room for non-compliance when it is about informing the public of a current residence and place of employment, she added.
Watanabe said there are no mitigative circumstances regarding registry compliance because of homelessness. If anything, she said this means the offender must make the effort to remain updated on law changes and keep the registry current with changing addresses and employment information.
Toki’s record in 5th District Court includes a six-month jail sentence and a two-year probation for misdemeanor abuse of family or household member in April 2006.
In March 2005 he was sentenced on charges of petty misdemeanor harassment in two separate cases and received 30 days jail. That same month he began a six-month jail sentence with a one-year probation for violating a restraining order, along with a one-year probation for two separate cases of harassment by stalking.
Toki was sentenced to 30 days jail for petty misdemeanor harassment in December 2003. He was found guilty of fourth-degree theft and sentenced to 10 days jail in April 1993.
