WAILUKU - A Kihei man was sentenced to 49 days in jail and ordered to pay thousands of dollars in restitution Thursday after assaulting a man with a beer bottle and sending him to the hospital earlier this year.
Guy P.K. Pieper, 47, had pleaded no contest to first-degree burglary and second-degree theft after leaving the victim with a laceration on his face outside the victim's residence in Kihei.
In his sentencing on Thursday, Pieper was sentenced to 49 days in jail with credit for time served and five years' probation. He also was ordered to pay $6,173.41 in medical fees to either the victim or the victim's medical provider.
"The bottom line is there is a victim here that was hit in the head with a bottle," 2nd Circuit Judge Peter Cahill said. "And that's not something the rest of us should have to pay for.
"Although (Pieper) can't pay the restitution now, I believe he can in the future."
The incident occurred at about 10:45 p.m. March 15, when police responded to a call of an intruder at a residence on Keala Place in Kihei. The victim had just returned home and gone inside when Pieper pushed open the door, asking for "Tiffany."
When the victim said he did not know anyone named Tiffany, Pieper refused to leave and threw a bottle at the victim as he tried to close the door. The victim was left with a 2-inch cut to the left side of his face, which required six stitches to treat.
Pieper was arrested after the victim's girlfriend called police while Pieper was being wrestled to the ground by the victim.
Despite Pieper's "very serious offense," Cahill did commend him for his "extraordinary effort" in rehabilitation since his arrest.
Pieper was originally scheduled for sentencing Aug. 13, but the proceeding was continued when the court asked to see more information on his status in substance abuse treatment.
According to court documents, Pieper has more than a half-dozen convictions over the past 30 years, including for assault, theft, family abuse and driving under the influence. He also has a 10-year prison sentence in 1998 for first-degree promoting prison contraband and prohibited acts related to drug paraphernalia.
"When you came here last month, I was not inclined to give you probation," Cahill said to Pieper. "You've made a lot of progress since then, though, and to give you more jail time would derail that."
Since his arrest, Pieper has received help seven days a week from Kaiser Permanente and a homeless shelter, Deputy Public Defender Wendy Hudson said. She asked Cahill for no jail time and believed that Pieper had changed his life in his older age. The judge agreed that that was a fair and accurate assessment.
Pieper apologized to the court and to the victim, who was not in court, for his actions.
"As Ms. Hudson said, it took me until I was 50 to get my life together," he said. "I have my family to take care of."
Looking out toward the gallery filled with members of Pieper's family, Cahill ordered the defendant to stay away from the victim, to find a full-time job and to continue receiving treatment.
"Age doesn't necessarily bring wisdom," Cahill said. "But as you get older, we can only hope that you will learn, not only from the negative experiences . . . but the positive ones as well.
"I really hope you make it. No, rather than hope, I know you'll make it. You got a lot of people here to help you," the judge said.
* Chris Sugidono can be reached at firstname.lastname@example.org.