Man sentenced to probation, gets chance to clear his record | News, Sports, Jobs
The Maui News
A 19-year-old Wailea man was sentenced to four years’ probation on Tuesday for an incident last July in which he broke into vehicles, assaulted one of the owners and stole items.
Second Circuit Judge Kelsey Kawano followed a plea agreement in sentencing Malakai Victor Baldwin, who was also given credit for the one day he served in jail.
Kawano also granted a deferred acceptance of a no contest plea for Baldwin, allowing charges to be wiped from his record if he successfully completes probation.
During sentencing, Kawano told Baldwin that people much older than him have not accomplished as much as Baldwin has.
“I find you’re an industrious person,” Kawano said. “Continue doing what you are doing, if you do that, you will not only comply with conditions of your deferral, (but) come out with a clean criminal record.”
Kawano also allowed Baldwin to continue to use medical marijuana to assist with his “catastrophic injuries.”
In 2018, Baldwin was severely injured when a 400-pound boulder came loose and crushed his leg, according to a Maui County Facebook post.
During sentencing, Baldwin told the court that he “felt really bad” and was embarrassed by the criminal incidents.
He said he has turned his life around and is committed to continuing that.
Deputy Prosecutor Johann Smith asked the court to follow the plea agreement and said the prosecution would not oppose the deferral for Baldwin.
Smith said Baldwin suffered from drug and mental health issues and was intoxicated at the time of the offenses.
“If he does turn things around, it will be a good start with no felonies on this record,” Smith said.
Defense attorney Damir Kouliev said Baldwin quit using Xanax cold turkey and has also obtained treatment for his problems.
He added that Baldwin has a good relationship with his family and also works full time.
Baldwin pleaded no contest to three counts of unauthorized entry into a motor vehicle, second-degree criminal property damage, third-degree assault, fourth-degree theft and two counts of attempted fourth-degree theft, according to court records. The incidents occurred on July 1 and 2 last year, records show.
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