Man gets 1 year in jail in teen drinking case
POSTED: Tuesday, April 06, 2010
The man accused of providing alcohol to 15-year-old Makamae Ah Mook Sang has agreed to go to jail for a year and pay a $10,000 fine.
Michael Clark, 25, pleaded no contest yesterday to promoting intoxicating liquor to Ah Mook Sang and four other girls under 21 years old in a plea deal with the state.
The one year is the maximum jail term for a single charge, and $10,000 is the maximum for five charges.
Ah Mook Sang, of Papakolea, died July 30 from alcohol poisoning after attending a party at the Hawaii Kai home of Clark's parents. Her blood-alcohol level was 0.433 — more than five times the minimum level state law considers a person too drunk to drive.
Ah Mook Sang's parents attended Clark's change-of-plea hearing yesterday but declined comment.
“;Mr. Clark does not contest the charge,”; said Brook Hart, Clark's lawyer. “;He does not contest that liquor, intoxicating liquor, was furnished to those persons at his residence by himself or someone associated with him, and he did not have a reasonable belief that they were 21 or older.”;
A no-contest plea is not an admission of guilt, but the result is the same.
When Circuit Judge Richard Pollack accepted Clark's no-contest pleas, he adjudged him guilty of the five misdemeanor charges. Pollack will sentence Clark in June.
At that time he will also sentence Clark on charges stemming from a 2007 fight at the Ala Moana Hotel.
Clark had already pleaded guilty to misdemeanor assault and two felony counts of assaulting a law enforcement officer. However, under the terms of his plea agreement in the Ah Mook Sang case, the state amended the felony assault charges to felony terroristic threatening. In return, Clark agreed to serve a year in jail for all three charges at the same time he is in jail for the Ah Mook Sang case.
“;So what this did, it guaranteed jail and guaranteed convictions on all counts,”; said Richard Stacey, deputy prosecutor. “;The record does not get wiped out. He serves a guaranteed year.”;
Because the charges from the Ala Moana Hotel case will be Clark's first convictions, he was eligible for and could have received the opportunity to avoid conviction and erase the charges from his criminal record after a period of staying out of trouble.
The mandatory sentence for felony assault of a law enforcement officer is either five years in prison or five years on probation, plus at least 30 days in jail.
There is no mandatory sentence for felony terroristic threatening.