Sentencing for Aki
is moved up by 10 daysThe convicted man wants to argue
for a lesser sentence as a youthful offender
Sentencing for Christopher Aki, convicted of manslaughter in the death of 11-year-old Kahealani Indreginal, has been moved up to enable him to argue for sentencing as a youthful offender.
Circuit Judge Virginia Crandall granted a defense request to set sentencing for July 2, a day before Aki turns 22. Sentencing was initially set for July 12.
A defendant must be under age 22 at sentencing to qualify as a youthful offender, as well as have no previous felony convictions. But the court has discretion and can consider the nature and seriousness of the offense, the victim's age and other factors.
If the court sentences Aki as a youthful offender, he faces an eight-year maximum term. But it is still up to the Hawaii Paroling Authority to decide how long he must serve before he is eligible for parole.
Indreginal's body was found at Keaiwa Heiau State Park on Dec. 13, three days after she disappeared from the Puuwai Momi housing complex where she lived. Aki admitted to driving her there but claimed that the girl's uncle Dennis Cacatian killed her.
Aki, initially charged with second-degree murder, was found guilty last month of the lesser charge of manslaughter, which is punishable by 20 years in prison. Had he been convicted of murder or attempted murder, he could not apply for leniency as a youthful offender.
Deputy public defender Todd Eddins argued yesterday that there is no reason why Aki cannot be sentenced July 2 as long as a pre-sentencing report is completed in time. Sentencing Aki later precludes alternative sentencing options, violating his constitutional right to due process, Eddins argued in court documents.
Deputy prosecutor Glenn Kim, who opposed the defense's request, argued in court documents that Aki's request is an attempt to manipulate the court's calendar for his own purposes.
Kim stressed the importance of an adequately prepared pre-sentencing report, which is prepared by the Adult Probation Division. Not having the benefit of an adequate report would prejudice the state and Aki, he argued.