Pro­ba­tion

The Maui News - - TO­DAY’S PEO­PLE -

a felony con­vic­tion, said Deputy Pub­lic De­fender Zach Raid­mae.

“His No. 1 pri­or­ity is to give to some­one else — some­thing he’s done for 12 years,” Raid­mae said.

He said the other man had been mak­ing passes at Tor­res’ girl­friend, who is now his wife, be­fore Tor­res punched the man once on the left side of his face the night of June 13, 2015.

“The punch isn’t very hard,” Raid­mae said. He said the vic­tim turned and walked away but later learned his jaw was frac­tured.

Tor­res said his wife had asked the man to stop, but he kept tex­ting her. The cou­ple had en­coun­tered the vic­tim a week be­fore Tor­res said he punched the man af­ter see­ing him at the bar.

Sec­ond Cir­cuit Judge Rhonda Loo said Tor­res’ wife could have taken other steps if she had a prob­lem with the man.

“You should have been adult enough,” Loo told Tor­res. “You should have been man enough. In­stead of a prob­lem solver, you were the prob­lem maker.

“No mat­ter what he did, he did not de­serve to get cracked in the face. You were the prob­lem that night.”

As part of his pro­ba­tion, Tor­res was or­dered to per­form 100 hours of com­mu­nity ser­vice. He was or­dered to com­plete anger man­age­ment treat­ment and to write a let­ter apol­o­giz­ing to the vic­tim.

In an­other sen­tenc­ing Wednes­day, a Wailuku man was or­dered to pay $1,662 in resti­tu­tion af­ter he was found with a stolen moped last year.

Ariel Na­tivi­dad, 38, was placed on one year’s pro­ba­tion af­ter ear­lier plead­ing no con­test

to a re­duced charge of sec­ond­de­gree unau­tho­rized en­try into a mo­tor ve­hi­cle.

A vis­i­tor had rented the 2013 Gen­uine moped from Aloha Mo­tor Sports and parked it at a va­ca­tion rental in Ki­hei when the moped was last seen Sept. 9, 2017, and re­ported stolen the next day, said Deputy Pros­e­cu­tor Jef­fery Te­mas.

On Dec. 14, 2017, po­lice saw Na­tivi­dad with the moped at Waiehu Beach Road and Ka­hek­ili High­way, Te­mas said. He said the moped had a dif­fer­ent li­cense plate, but a check of the ve­hi­cle iden­ti­fi­ca­tion num­ber showed it was the one that had been stolen.

Na­tivi­dad told po­lice he had bought the moped about a month ear­lier for $60, re­ceiv­ing no keys and no pa­per­work, Te­mas said.

He said Na­tivi­dad gave the name of the seller, who told po­lice he had bought the moped from some­one who was known to steal mopeds in Ki­hei. The seller also said Na­tivi­dad still owed the $60 for the moped, Te­mas said.

He said the man who rented the moped had to pay for it af­ter it was stolen.

“There are deals and there are steals, and this is a steal,” Judge Loo said. “If some­one of­fers you a $1,600 moped for 60 bucks, no pa­per­work, no keys — hello, you got to know deep down it’s too good to be true.”

Loo said she was con­cerned that Na­tivi­dad had re­lapsed while on pro­ba­tion in a felony drug case.

Na­tivi­dad was given credit for five days he pre­vi­ously spent in jail. He was or­dered to per­form 100 hours of com­mu­nity ser­vice and to write a let­ter apol­o­giz­ing to the man who had rented the moped.

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