Elderly man gets 19 days for assault on Kapa‘a man

A 75-year-old Hanalei man convicted on one of two charges of second-degree assault will serve 19 days in jail and provide 200 hours of community service, in addition to five years probation, Judge Randal Valenciano determined in Circuit Court.

The sentencing was for a Jan. 27 incident in which Vincent Napolis swung a metal bar at his nephew, Sean Garma of Kapa‘a, making contact with his right elbow as Garma tried to protect his head. Garma sustained a minor injury from the altercation, prosecutors said.

Napolis could have been sentenced to up to five years in jail for the conviction.

Dan Hempey, Napolis’ attorney, said his client was not only elderly, but a United States Army veteran who had mixed motivations in the altercation because of his concerns over Garma’s history of drug use.

“Frankly he’s afraid of this hearing today,” he said.

Though Garma’s history wasn’t presented to the jury, an electronic court documents search shows his criminal record includes second-degree robbery and burglary charges.

Valenciano, who had represented Garma in one of those cases according to that court records search, told Napolis at the sentencing that despite his old age, he couldn’t support any form of vigilantism.

“The court doesn’t want to encourage people like you taking action into your own hands,” he said. “When you decided to take action, you called a number of people to almost create a riot-type situation. The court views that as an aggravating factor in this case.”

First Deputy Prosecutor Jennifer Winn noted that despite Napolis’ age, a weapon was used, prompting her to ask for 30 days of jail time.

Valenciano also ordered Napolis to pay a $150 victim compensation fee and said any and all programs of rehabilitation to be recommended by the parole officer must be covered at Napolis’ expense.