The lawyer for Vernon E. Costa, 42, asked that Costa be sentenced to probation, pointing out that Costa had no previous felony convictions.

Instead, Judge Glenn Hara instead sentenced Costa to the five-year prison term for second-degree escape, suggesting that a prison term might help Costa with his "impulse control problem." Hara noted Costa had seven convictions for assault, and nine convictions for contempt of court.

Hara could not take into account the pending murder case since Costa has not been convicted in the deaths. Costa remains in jail at the Hawai'i Community Correctional Center awaiting trial on first- and second-degree murder charges in connection with that case.

The escape conviction stems from an incident on March 24, 2006, when Costa was being escorted to the rear of the Kea'au police station after being arrested for abuse of a family or household member.

Costa's lawyer, Neilani Graham, said the police officer allowed Costa to take a smoke break, and he bolted. He was captured a short while later in a wooded area north of the Shipman ballpark.

Costa has been a "model prisoner" while he has been in jail awaiting trial in connection with the deaths of the two women, and is an expert carpenter, Graham said. In arguing for probation, Graham said that "each time Mr. Costa does a crime and is put on probation, he does very well."

Hara countered by asking Costa, "If you've done well on probation, why do we still have these repeated occurrences of violating the law?"

Costa is charged with first-degree murder and two counts of second-degree murder in connection with the deaths of Pua Lei Santa-Isabel, 26, and Casey Ann Swain, 35. If convicted, he faces life in prison without the possibility of parole.

Police said Costa used a pickup truck to run the women's car off Mamalahoa Highway between Kailua and Waimea on July 16 because it was carrying his former girlfriend, Janelle Nardin. Nardin survived the crash.