Joshua Kahikina (right) Attorney Habhab (left) stand before Judge Shea
Opening his defense with "Everyone reacts differently to alcohol," the public defender told Judge Shea about an experience in college (which must have been when LBJ was President) where he offered to buy his date a drink and she responded, "You wouldn't like me when I drink."
He transitioned to his client Joshua Kahikina, age 22, standing on his right, describing him as "Hawaiian and Native American," and that he "should not be consuming alcohol at all."
Mr. Kahikina was arrested by Amherst police in the early morning hours the first weekend of March for destruction of property (vandalism to car), assault on the driver who required transport to Cooley Dickinson Hospital for a gash in his head, and when police tried to bring Kahikina under control he punched an officer in the mouth with his left hand.
Attorney Habhab told the Judge his client was "working on holistic medicine on his own" and as long as he stayed away from alcohol he's fine. The public defender proposed his client pay restitution to ($1,400) the victim, who was in the courtroom, in exchange for a continuation without a finding for one year on all four charges.
Assistant District Attorney Russo was adamant about a "guilty" finding on the first two assault counts, describing them as "very serious". The Judge agreed. The public defender whispered to his client and they quickly caved.
Judge Shea found Joshua Kahikina "guilty" on the first two charges and continued the other two for one year without a finding. He will pay $1,400 in restitution to the victim, $50 Witness Protection fee to the courts, and be on probation for one year with unscheduled alcohol testing.
And hopefully he will never again get physical with a cop, or anyone else.