LIHU‘E — A Kapa‘a man is facing a maximum of five years in jail and up to a $10,000 fine after taking a plea agreement instead of having a jury trial Tuesday afternoon in Fifth Circuit Court.
Randy Pu‘ulei, 43, pleaded no contest to a second-degree assault case on June 12, 2020. It was one of seven other cases Pu‘ulei was facing, both in criminal court and family court. Other cases include charges of two counts of abuse of a family or household member, criminal property damage in the fourth degree, criminal contempt of court and failure to appear in court.
Fifth Circuit Chief Judge Randal Valenciano attempted to hold a jury trial last week, but only 22 of the 60 jurors summoned showed up for jury duty. Tuesday, 42 potential jurors were present.
According to the Hawai‘i State Judiciary, failing to appear when summoned for jury selection or jury duty without an excuse is considered illegal. Failure to show up to jury duty will result in a fine of no more than $500, imprisonment for no more than 30 days, or both.
It wasn’t stated in court how many of the jurors who didn’t appear had excuses, nor was it stated that they had penalties.
Pu‘ulei initially refused a global plea agreement offered by the prosecutors on Jan. 14, 2021. He stated in court that he was hesitant to take the offer because of advice he received from other inmates.
Judge Valenciano advised him not to seek advice from what he referred to as “jailhouse attorneys,” and follow the advice given to his attorney Bentley Adams III.
During the pretrial hearing, Pu‘ulei changed his mind after he realized he could face a 10-year maximum jail sentence if he was found eligible for an extended term of imprisonment by a jury.
Pu‘ulei acknowledged he has an extensive criminal history, and that would come into play if he is convicted and sentenced.
The charges included two failures to appear in family court, two counts of abuse of a family or household member, and two other failures to appear in court. Those two misdemeanor charges and the second-degree assault charge will be dismissed after his sentencing.
According to the plea agreement,Pu‘ulei pleaded no contest to Assault in the second degree persuant to the Hawai’i revised statute 707-711,assualt in the second degree, which is a Class C felony under the Hawai’i revised statute 707-711. He also agreed to plead no contest to two charges of failure to appear pursuant to the revised statute 803-6, which are petty misdemanors.
Pu‘ulei also agreed to re-sentencing in two other cases invovling two counts of abuse of family or household members, and one count of criminal property damage in the fourth degree.
As part of Pu‘ulei’s plea agreement, the two cases will be dismissed after conviction and sentencing are for two counts of criminal contempt of court pursuant to 707-1077, which are petty misdemanors.
Pu‘ulei was previously convicted of multiple felonies and is acknowledged by prosecutors to be a potential danger to the community. However, Judge Valenciano is not obligated to follow the agreement reachy by the parties and may still sentence Pu‘ulei to the maximum jail term of five years.
Pu‘ulei will be sentenced on May 13, 2021.
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Jason Blasco, reporter, can be reached at 245-0437 or jblasco@thegardenisland.com.
“ Because Pu‘ulei was convicted of multiple felonies and is acknowledged by prosecutors to be a potential danger to the community, Valenciano is not obligated to follow the state’s recommendation during his sentencing.”. This statement is incorrect. The judge NEVER has to follow the prosecutor’s recommendation.
Hawaii has no charge of “abuse of a household member under the age of 14.”
HRS § 709-906(10) makes it a felony if “physical abuse occurs in the **presence** of a minor…and the minor is a family or household member less than fourteen years of age….”
It’s at least a couple times now these articles seem to not understand the charge. And it can mislead the public into thinking individuals have directly abused minors when they have not (other than emotionally/psychologically, by the minor being present when someone else in the household has been physically abused).
don’t look now folks…but i think we’ve got ourselves a couple of “jailhouse attornies”…lol