Man accused of raping girl avoids prison with plea deal

A 43-year-old Wai­anae man accused of raping a young girl and beating up her brother when he tried to intervene pleaded no contest Monday in a plea agreement by which he will serve no prison time.

But a state judge warned defendant Thomas K. Kamaka Jr. that any violation of the agreement could send him to prison for as long as 40 years.

Kamaka pleaded no contest to four counts of second-degree sexual assault. He agreed to spend five years on probation with no amount of jail time when a state judge sentences him in April. He remains free on $150,000 bail.

"Ultimately, I think for the safety of this youngster (the girl) and what this trial would do to the people who would (have been) forced to come to court to testify, he decided to plead no contest," said Michael Green, Kamaka’s lawyer.

Circuit Judge Karen Ahn agreed to the terms of the plea deal but changed the probation to a no-tolerance probation.

"Any violation of any term will be grounds for a motion to revoke your probation," Ahn said.

Second-degree sexual assault is a class B felony punishable by up to 10 years in prison. Ahn told Kamaka he could be sentenced to four consecutive 10-year terms should he violate any condition of probation.

Kamaka was originally charged with four counts of first-degree sexual assault, each punishable by a mandatory 20-year prison term. He was also facing charges of beating up the boy.

According to the grand jury indictment against him, Kamaka committed the sexual assaults in January and February 2011, when the girl was under 14 years old.

But a city prosecutor said Kamaka had been sexually assaulting the girl and beating the boy for five to six years.