A 30-year-old homeless man was sentenced to one year in jail for his attack on a female tourist in Waikiki who tried to stop him from injuring a second homeless man.
Preston K. Smith, who faced charges of third-degree assault, criminal contempt of court and revocation or modification of probation conditions, was given the maximum sentence Wednesday by Judge Darolyn Lendio for his July 8 attack on Ashleigh Andreasen, a 28-year-old hairstylist from Mesa, Ariz.
“What you did has no aloha,” the judge told Smith.
Smith had 10 prior convictions, including second-degree robbery and third-degree assault, said Honolulu Deputy Prosecutor Elizabeth Murphy, who prosecuted Smith for his attack on Andreasen. At the time of his arrest in the Andreasen case, Murphy said, Smith was part of Hawaii’s Opportunity Probation with Enforcement (HOPE), a probation program started in 2004 by Circuit Judge Steven Alm which aims to reduce probation violations by drug offenders and others at high risk of recidivism.
Murphy said she was pleased Smith received a maximum sentence, which is rare for a misdemeanor charge.
“Typically the sentence for misdemeanor assault in the third degree is about 30 days,” Murphy said. “The judge was really moved by the victim, and we are thankful that she recognized the severity of the crime as well as the victim’s injuries.”
The Honolulu prosecutor’s office paid for Andreasen to return to Hawaii to testify against Smith.
Waikiki Neighborhood Board member Jeff Merz praised Andreasen for coming back for the trial.
“Visitors are often targets, and criminals count on them being unwilling to come back and testify against them,” Merz said. “God love this woman. She’s amazing.”
Merz said the swift prosecution and strict sentencing will send a message that “this kind of behavior is not going to be tolerated in Waikiki.”
Andreasen said Thursday that she decided to come back and testify in Smith’s trial because the senior whom she defended, who goes by “Richard,” had very little, and she was heartbroken at the thought of allowing someone to take away the things that he held dear. Smith was throwing Richard’s belongings into the road when Andreasen stepped in to stop Smith, Andreasen said.
Andreasen also said she came back to testify because of the seriousness of the incident, which is still keeping her out of work and causing her to depend on her parents for financial support.
“I feel that he (Smith) definitely got the time that he deserved,” Andreasen said. “I hope that he will sit and reflect on his life and what he’s doing and how he can better it. I hope that the year really helps him find himself.”
Andreasen said she doesn’t regret standing up for Richard.
Andreasen said she remembers telling Smith, “It’s not nice to throw someone’s belongings into the street,” when he punched her twice in the face. Andreasen said she passed out from the force of the blows, which knocked her into a palm tree. That day she was diagnosed with a concussion and bruises to her lip, jaw and the side of her ear. Once she returned home, Andreasen said further medical tests indicated that the assault had torn the ligaments and tendons in her jaw.
“I had to visit a maxillofacial surgeon, and I’m having surgery on Tuesday,” Andreasen said.
Andreasen praised the Honolulu Police Department for arresting Smith the day of her assault. She said she appreciated the assistance that she received from the nonprofit Visitor Aloha Society of Hawaii. Andreasen said she also was grateful to the Honolulu Prosecutor’s Office for its swift prosecution and effective conviction.
“I still love Hawaii and I would still come back,” she said. “Hopefully, Smith’s sentencing will help slow down the fighting and all the assaults. I hope this will help bring the aloha spirit back.”