Man sentenced for restraining woman, gets chance to keep felony off record

WAILUKU — A Waiehu man was given a chance to keep a felony conviction off his record when he was sentenced Thursday for restraining his then-girlfriend when she tried to get away from him during a fight.

Kaeo Tom, 28, was given credit for seven days he previously spent in jail.

He had pleaded no contest to first-degree unlawful imprisonment of the woman March 25 and 26 at her residence in Wailuku. Other charges alleging that he abused her by pushing her into a wall and slamming her to the ground were dismissed in exchange for his plea.

Noting that letters supporting Tom “appear to have a degree of victim blaming,” Deputy Prosecutor Johann Smith said “they should know, the defendant should know, this deal would not have been possible without the victim’s cooperation and assistance.”

“She does not want him to spend a lot of time in jail,” Smith said. “She wants him to have the help he needs.”

Smith said Tom has no prior record and has a job and family support.

“He’s also an alcoholic that gets mean when he drinks,” Smith said. “This time, he went too far.”

He said the woman fought back, causing injury to Tom.

“After today, he’s on notice and the state’s on notice. If this happens again, it won’t be an accident. It will be a pattern.”

Defense attorney John Parker said Tom was willing to participate in alcohol and anger management treatment.

“I learned a lot from this experience,” Tom said in court. “I want to make sure I’ll never be in this position again.”

Second Circuit Judge Kelsey Kawano followed a plea agreement in granting the deferral that will keep the conviction off Tom’s record if he follows court requirement for the next four years.

“You have a lot of assets going for you,” Kawano said. “There’s really no reason you would fail other than your own shortcomings, your own lack of desire.”

Tom was ordered not to consume alcohol or illegal drugs and to complete domestic violence intervention classes.