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After racking up probation violations, Kapaa man requests prison time

By Star-Advertiser staff

LAST UPDATED: 12:39 a.m. HST, Oct 30, 2013

A 21-year-old Kapaa man who has racked up several probation violations was sentenced Tuesday in Kauai Circuit Court to serve time in prison for his involvement in a 2010 theft case.

Chief Judge Randal Valenciano sentenced Nicolas "Nico" McPeek to a five-year prison term, imposing the sentence after revoking McPeek's probation, according to the Kauai County's Prosecuting Attorney's Office.

Deputy Public Defender Stephanie Sato, who represented McPeek, told the court that after probation had been revoked three times, McPeek decided probation wasn't right for him and requested to be sentenced to prison with credit for time served, according to a Kauai County's Prosecuting Attorney's Office news release. 

Prior to the sentencing, McPeek had been in custody at Kauai Community Correctional Center on a no-bail warrant since Oct. 21. 

Second Deputy Prosecuting Attorney Rebecca Vogt represented the state and agreed with the sentencing request.

Vogt said McPeek failed to take advantage of opportunities to complete drug treatment. He was placed in the HOPE Probation program in late 2012 after being terminated from the Kauai Drug Court program and regular probation. After placement in the HOPE program, McPeek violated probation four times and absconded twice.

Prior to his arrest on Oct. 21, McPeek continued to evade capture and fled in one incident that led to a police officer's injury, according to the Prosecuting Attorney's Office.

Valenciano said he was inclined to give McPeek another chance at HOPE probation, but since the defendant requested prison time, the judge agreed to sentence him to prison with credit for time served.

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