October 22, 2021

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The Law & Legal Community

Virus delays sentencing for person in law enforcement officer assault

A judge delayed sentencing Monday for a 34-yr-old Kona guy located responsible by a jury of assaulting a regulation enforcement officer and resisting arrest right after she realized the defendant hadn’t but experienced a likelihood to assessment a pre-sentencing report and seek the advice of with his lawyer.

Kona Circuit Court Choose Wendy DeWeese opted to go on the listening to two weeks right after listening to sentencing arguments from Deputy Community Defender James Greenberg and Deputy Prosecuting Attorney Chase Murray, and defendant Shannon K. Ke’s deal with to the courtroom.

“I’m awkward sentencing you because I’m wanting at a massive document in this article that has all kinds of data about you,” DeWeese mentioned right after asking Ke if he’d browse statements in the report from the target (Hawaii Police Section) Officer Randall Hancock, his spouse and his mom about the March 16, 2019, incident on the shoreline fronting Huggo’s Restaurant. “I consider you have the ideal to see it for the reason that if not you are not on observe of what matters I’m taking into consideration in sentencing you. Frankly, I’m not at ease in continuing with your sentencing correct now because you have not had a likelihood to evaluate with your law firm the pre-sentence investigation. There are points in right here you might want to reply to.”

Greenberg mentioned he didn’t have the ability to go over the report with his consumer because of to the ongoing lockdown at Hawaii Group Correctional Middle. The Hilo jail has been on quarantine protocol given that late May, when two COVID-19 scenarios cropped at the facility.

“I did not go mainly because of COVID. I really should have despatched it (by means of mail). I didn’t go to the jail mainly because I have not been able to,” Greenberg claimed.

DeWeese then instructed Greenberg to try to go around the report with his client by means of mobile phone simply call or Zoom, however noting a cellular phone simply call “is not significant consultation.” She also said she would indication an ex parte motion or buy to enable the lawyer accessibility to the jail, if requested by the facility’s warden.

“I’ll be happy to indication that sort of an order,” she famous.

Greenberg observed he is thoroughly vaccinated and would like to visit his customer. Ke also chimed in that when he was sickened with COVID-19 in the the latest outbreak, he has also been vaccinated.

“I know that DPS is attempting to do the proper matter by trying to defend everybody’s well being and welfare, but at some place we can not maintain the jail locked down like this,” reported DeWeese.

In an emailed reaction to a request for comment regarding the sentencing’s continuance, Department of Community Safety Spokeswoman Toni Schwartz claimed: Thanks to the existing COVID-19 circumstance at the Hawaii Group Correctional Centre, we present Zoom calls for legal professional/client privileged discussions.”

“We also have been functioning with the courts to facilitate online video hearings, like bail, status hearings, and sentencing hearings. The video choice is utilized to be certain the well being and protection of all all those associated,” she ongoing.”

On Monday, Hawaii Neighborhood Correctional Center mentioned it obtained 21 inmate take a look at results. Of that selection, one was beneficial and 20 were destructive, leaving the number of active situations at the facility at eight. Since the start out of the recent outbreak in late May perhaps, 253 inmates and 24 staff members customers have tested good for COVID-19. Earlier this thirty day period, the section declared all inmates absolutely free of COVID-19 right before much more positives cropped up.

As of the most current inmate populace report issued July 5, Hawaii Neighborhood Correctional Center noted having 262 inmates at the facility — 36 inmates in excess of operational mattress capability.

Prior to DeWeese delaying the listening to, Murray experienced argued for the point out to sentence Ke to concurrent prison phrases of 5 yrs for 1st-degree assault of a law enforcement officer and just one calendar year for resisting arrest, with credit score for time served.

“Every witness that testified reported that the defendant was the aggressor. Officer Hancock did not do something but act in a qualified method and that the defendant struck the initial blow and continued to attack officer Hancock as soon as they were being in the h2o,” Murray stated. “That’s the proof right before the court docket and people are the information the jury convicted the defendant o. There’s no defenses, and absolutely none located by the jury.”

Greenberg argued for probation, noting his client has presently been infected with COVID-19 and has served 778 days — which is above two a long time driving bars. He also pointed out his shopper doesn’t have a violent record.

“I humbly apologize for my actions that day. It could have went yet another route, a significantly superior route. I’m completely ready to be a greater particular person in the local community,” Ke mentioned, speaking through Zoom from Hawaii Community Correctional Heart. “I’m making an attempt to be there for my daughter … and I’m completely ready to shift ahead with my lifetime, to basically get a work, be a improved asset in the earth.”

Ke was observed responsible by a jury on Could 5 of resisting arrest and 1st-degree assault of a law enforcement officer adhering to a weeklong demo.

Ke had confronted to start with-diploma tried murder with the improvement of a dislike crime, disorderly carry out, initial-diploma assault, two counts of initially-degree assault on Hancock in link with the March 16, 2019 incident in Kailua Village.

All through the demo, Hancock testified he has not worked since the incident, possessing been positioned on disability simply because of nerve difficulties in his arms and fingers, consciousness and memory problems, seizures and difficulties with mobility. He reported he under no circumstances faced any of the situations prior to the March 26, 2019, incident.

If Ke experienced been convicted of initially-degree tried murder, he would have faced daily life in jail without the risk of parole.