LIHUE — When a detainee was given a get-out-of-jail-for-one-day card, he took it. Not for selfish reasons, but because he wanted to spend it giving thanks with his loved ones. Justin Kauakahi, who was recently charged with three felony counts,
LIHUE — When a detainee was given a get-out-of-jail-for-one-day card, he took it. Not for selfish reasons, but because he wanted to spend it giving thanks with his loved ones.
Justin Kauakahi, who was recently charged with three felony counts, had been given the opportunity to spend one day outside of the walls of the Kauai Community Correctional Center by Fifth Circuit Court Judge Kathleen Watanabe. The reason? To see his terminally ill father Wednesday, the day before Thanksgiving.
But just hours before he was scheduled to be picked up by his mother, Kauakahi’s father died and the order allowing for his day of scheduled freedom was revoked. Oeita Kauakahi, Justin’s mother who lives in Wailua, said the order might be changed to allow her son to attend his father’s funeral.
Oeita said she tried to pick up Kauakahi at 8 a.m. to break the news in person, but because the order specifically said he was to spend the day with his father, KCCC officers did not allow Kauakahi to be released.
When a warden noticed Oeita was crying and upset, he allowed her five minutes with her son, so she could tell him about his father’s death even though it was not a scheduled visitation day.
“He was so busted up,” she said of her son.”He told me he had let his father down and had made mistakes.”
Toni Schwartz, a spokeswoman with the Department of Public Safety, said after the order was revoked by the court, the warden was trying to help as much as possible by giving Oeita time with her son.
The request for release was made by Kuaukahi’s defense attorney, Sam Jajich, last week when Kauakahi arrived at court for his entry of plea on three charges.
Kauakahi is charged with three felony counts: unauthorized control of a propelled vehicle, promoting a dangerous drug in the third degree and drug paraphernalia. He pleaded not guilty to his charges, and his trial was set for April 11. A status hearing was set for Dec. 15, pending a resolution with the state. Bail is set at $4,000.
Oeita said her family is hopeful the case against her son will be dismissed.
“They asked me to ask you if he could be released for one day so that he could go visit his father who is suffering from a terminal illness and has been given a very short time frame as far as settling affairs,” said Jajich. “Possibly one day next week.”
Deputy Prosecuting Attorney Sinclair Salas-Ferguson did not object and no parties had safety concerns for Kauakahi’s release.
Kauakahi’s mother came forward and said she would take responsibility for her son during the one day he would be released.
Kauakahi’s father, Keive, 50, a retired veteran, died of terminal rectal cancer early Wednesday. His family had set up a GoFundMe page, which had raised more than $2,000, to assist in paying for the father’s medical expenses.
Police were to escort Kauakahi out of KCCC at 8 a.m. and his mother or a member of his family would pick him up, Watanabe said to Kauakahi last week. He was to return by no later than 5 p.m.
“Mr. Kauakahi, just remember that when you return to the facility, make sure that you are not a minute late,” Watanabe said to Kauakahi last week. “Make sure that you are not under the influence. And if you are, this will be a huge problem for you and you will face additional charges. Remember that this is a privilege and not a right. Don’t abuse the privilege.”
Prosecuting Attorney Justin Kollar said special requests like these are “rare occurrences.”
“I wasn’t surprised that it happened,” Oeita said of the request.
Kauakahi’s father had been given days to live, she said. The couple had been married 28 years.
“I’m just hoping he makes it through the night, so Justin can see him tomorrow,” she said Tuesday afternoon, the day before her husband died.
When she saw her son in court last week, she said he told her he was thankful that he had this opportunity to turn his life around.
“The Lord is teaching him something,” she said. “This is not the way he wants his life to be. I hope that he will learn a lesson and become better for it.”
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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
