A 45-year-old Hilo man was sentenced Aug. 22 to 10 years for a domestic assault last Christmas Eve on his estranged girlfriend.
Hilo Circuit Judge Henry Nakamoto imposed the sentence on Elswood E. Noeau.
Noeau pleaded no contest on May 7 to kidnapping and felony domestic abuse.
According to police reports, the incident occurred after Noeau’s estranged girlfriend arrived at Noeau’s Hilo residence to allow their three minor-aged children to visit him for the Christmas holiday.
In return for Noeau’s no contest pleas, prosecutors dropped two counts of second-degree sexual assault, first- and second-degree theft, second-degree unauthorized entry to a motor vehicle and third-degree promotion of a dangerous drug.
Noeau was on probation for a prior felony domestic abuse conviction when the incident occurred.
The kidnapping charge was for the restraining of the victim with the intent to inflict bodily harm upon her and the felony domestic abuse was because the assault took place in front of minors younger than 14.
Prosecutors asked that Noeau be sentenced to prison, while Noeau’s attorney asked that he again be granted probation.
During sentencing, Nakamoto noted services offered to Noeau during his probationary period and, according to court minutes, told Noeau that despite those services, the escalation of actions by Noeau made prison the appropriate sentence in his case.
The kidnapping charge is a Class B felony offense punishable by up to 10 years in prison and the felony domestic abuse charge is a Class C felony that carries a maximum sentence of five years imprisonment, upon conviction.
Email John Burnett at jburnett@hawaiitribune-herald.com