WAILUKU – After failing to comply with the requirements when given the opportunity to be released on supervision, a woman from Kahului is serving a one-year prison sentence for drug possession.
Marlene Pacheco, 33, could be released from prison after six months if accepted into a long-term residential treatment program.
Second Circuit judge Rhonda Loo imposed the jail sentence as part of a four-year probation on May 28. She noted that a report described Pacheco’s compliance during its monitoring as “not very – not very, very – but very, very, very poor.”
“Normally, good things come in threes – combined meals, the Jonas Brothers, the fairy godmothers” Loo told Pacheco. “But in your case, not so much.”
Pacheco had argued unarguably third-degree promotion of a dangerous drug, the other charges being dismissed in exchange for his plea.
She was arrested on September 30, 2019, as a passenger in a car when police said they were looking for someone else wanted under an arrest warrant, her lawyer, Jon said. Apo. He said the police found Pacheco, “that fruit handy in the passenger seat with methamphetamines in the car.”
“We are looking at a low level drug user in good faith,” he said. “She needs help.”
Pacheco was temporarily released on surveillance during the pandemic in August, and then failed to appear for a court hearing in December, court records show. She was arrested in February and was released on guard again on March 5 when she changed her plea in the case.
An arrest warrant for her was issued on April 7 after she failed to contact a probation officer to provide him with information about her conviction and did not show up for supervision, the prosecutor said. Assistant Joanne Hicks.
“She clearly has an addiction problem”, Hicks said. “The state wants to help the accused. Sometimes the help we offer is not what she wants.
Pacheco admitted that she “angry”.
“This is the first time that I am in trouble” she said.
She did not have a phone and did not understand what she was supposed to do when she was released.
“Would it have been better if I kept you and didn’t release you?” “ asked Judge Loo.
“If I had more help with treatment, maybe” Pacheco responded.
“You can point the finger at everyone” Loo told Pacheco. “But eventually you point one finger, three fingers point back at you.”
Pacheco has been ordered to perform 200 hours of community service.
* Lila Fujimoto can be contacted at [email protected]