A 21-year-old Kapaa man who asked to serve time behind bars rather than take part in a probation program for his involvement with a 2010 theft case was sentenced to a five-year prison term Tuesday in Kauai Circuit Court.

Chief Judge Randal Valenciano sentenced Nicolas "Nico" McPeek to an open term, meaning he will have minimal supervision, imposing the sentence after revoking McPeek’s probation in the case, according to a news release issued by Kauai County’s prosecuting attorney’s office.

Deputy Public Defender Stephanie Sato told the court that after McPeek’s probation had been revoked three times he decided that probation wasn’t right for him and asked to be sentenced to prison with credit for time served, according to the news release.

McPeek has been in custody at Kauai Community Correctional Center on a no-bail warrant since Oct. 21.

Second Deputy Prosecuting Attorney Rebecca Vogt 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. Since being placed in the HOPE program, he has violated his probation four times.

Prior to his arrest on Oct. 21, he evaded capture in an incident that led to a police officer’s injury.

Valenciano said he was inclined to give McPeek another chance at probation, but because McPeek had requested the open-term sentence, the judge granted it with credit for time served.