Man who spit on property manager, punched officer, placed on probation

WAILUKU — A Kihei man who said he had COVID19 and spit on a property manager, then punched a police officer, has been placed on five years’ probation.

Viane Visesio, 27, was given credit for 49 days he previously spent in jail when he was sentenced April 6.

The plea agreement recommending no additional jail for Visesio “seems like a gift,” in light of his attitude and substance abuse at the time, said Deputy Prosecutor Elizabeth Nardi.

She reviewed the case when it was assigned to her after the plea agreement had been reached.

Visesio had pleaded no contest to first-degree assault on a law enforcement officer and second-degree terroristic threatening.

Deputy Public Defender Zach Raidmae said Visesio may have been affected by mental health issues exacerbated by “molly,” referring to the drug MDMA or ecstasy.

Since posting bail to be released, “he is a totally different person,” Raidmae said. “He’s stabilized.”

When Visesio was arrested April 14, 2020, “we were under the shelter-in-place order,” Nardi said.

“He shouldn’t have even been out skateboarding around Longs,” she said. “To spit on someone and say that they have COVID is just vile. I really just hope that the defendant understands that behavior is unacceptable.”

She said that a week earlier, Visesio had pleaded no contest to abuse.

According to police, Visesio said he had COVID and spit on the property manager of the Kihei Longs Drugs shopping center during an argument in the parking lot the morning of April 14, 2020.

When police officers arrived, Visesio ignored them and went into the store, where he became irate when police contacted him, police reported. Visesio was shouting obscenities and was told multiple times to calm down but refused, police said.

Officers were trying to handcuff Visesio when he pulled away and punched one officer twice in the head, police said.

“It’s fortunate that the police officer didn’t react in a way that was more serious,” Raidmae said.

When 2nd Circuit Judge Peter Cahill asked Visesio if he had done what police reported, he said yes.

Visesio said he was “just joking” when he said he had COVID.

“This isn’t just a gift,” Cahill told Visesio. “This is a gift tied up with string.”

If he asked anyone on the street what should be done with Visesio, “I think they would say lock him up and throw away the key,” Cahill said. “That’s what I think the average person on the street would say.”

“The Maui County police handled this incredibly well because this might not have gone as well for you,” the judge told Visesio.

In following the plea agreement to sentence Visesio, Cahill said, “I’m going to give you the opportunity. You’re a young man, you’re a family man.”

Visesio was ordered not to consume alcohol or illegal drugs and to stay away from people using illegal drugs. He was ordered to complete anger management treatment.