WAILUKU - A man who said he didn't mean to hurt anyone when he doused a skateboarder with pepper spray was given a chance to keep a felony conviction off his record if he follows court requirements for three years.
"It was just a really stupid thing," Anthony Lum John said as he was sentenced Thursday. "It won't happen again."
The 20-year-old Kihei resident was given credit for two months he previously spent in jail.
Originally charged with robbery, Lum John had pleaded no contest to a reduced charge of second-degree theft and third-degree assault.
He and two others were arrested after a 27-year-old Kihei man riding his skateboard on South Kihei Road near Kupuna Street reported being accosted by three males in a low-rider truck at 12:50 a.m. July 16, according to police. The truck pulled over in front of the skateboarder and Lum John, who was the front-seat passenger, got out and sprayed pepper spray in the skateboarder's face, police said.
A 14-year-old boy who was in the bed of the truck took the skateboard, police said. When the skateboarder's friend intervened and said he would call police, the driver said he was on probation and told the teenager to give back the skateboard, police reported.
Second Circuit Judge Richard Bissen noted that Lum John was with two others, outnumbering the skateboarder and his friend.
"You took advantage of the situation," Bissen told Lum John. "You didn't think it was going to be a big deal. It was a really big deal for these people. It was a big deal for you."
The judge ordered Lum John not to possess Mace or pepper spray while he is under court supervision and to complete anger management classes. He also was ordered to pay $280 in restitution for the skateboard, which was damaged when it was thrown back to the owner.
A $100,000 warrant was issued for co-defendant Codey Candaroma, 21, of Kihei when he failed to show up for a court appearance. Candaroma was identified as the driver.