Updated at 12:15 p.m., Friday, September 21, 2007
Maui homeless man gets 10 years for sexual assault
By Lila Fujimoto
The Maui News
Second Circuit Judge Joel August cited Lorenzo "Niko" Clark's history of sexual violence, drug sales and theft in denying the 37-year-old's request to be placed on probation for his latest crimes.
"You are dangerous as hell," August told Clark. "If you think that I am going to let you out on the street so you can do this kind of stuff again in this community, you are dead wrong.
"It is very typical that violent sexual predators which you are are in prison and not given probation."
Clark had pleaded no contest to a reduced kidnapping charge and two reduced counts of second-degree sexual assault, as well as harassment by stalking and third-degree assault, in connection with a May 8 incident.
At about 8 that night, a 26-year-old woman working at Subway at the Maui Mall reported being sexually assaulted by Clark when she left the restaurant to empty the trash. She said Clark pushed her against a wall and sexually touched her, stopping only when her cousin showed up.
The woman also said Clark had repeatedly showed up at Subway and made sexual suggestions that she had rejected for two weeks.
The woman knew Clark only from seeing him at the restaurant and had befriended him, said Deputy Prosecutor Davelynn Tengan.
"In her kindness, she would buy food for him and other homeless people," Tengan said. "She would buy him food when he looked hungry because she knew him to be a street person."
In an "odd and rambling" six-page letter to the court, Clark showed no remorse for what he did, Tengan said.
She said Clark deserved a 10-year prison term, based on his criminal history and the circumstances of the crime.
While Clark declined to speak in court Wednesday, his attorney, William Sloper, asked that Clark be sentenced to an 18-month jail term as part of five years' probation.
That sentence would allow Clark to "receive supervision he so desperately needs," Sloper said.
"We would hope Mr. Clark would be able to be a successful member of our community again," Sloper said.
But August said he didn't want Clark to remain in the state after he is released from prison.
"It is my hope that, once you get out, you decide to go elsewhere other than Hawai'i," the judge told Clark. "I think everybody is at risk, at least every woman is at risk, when you're out on the streets."
August detailed Clark's criminal history beginning with a July 1988 conviction for grand theft in Redwood City, Calif. Clark was sentenced to jail and two years' probation.
The following month, he was jailed for a few days after convictions for property damage and trespassing in South San Francisco. Another South San Francisco conviction, for petty theft in October 1988, led to two years' probation.
In March 1990, he was sentenced to 10 days in jail and one year's probation for a petty theft conviction in Concord, Calif.
Clark spent nearly one year in jail and was placed on three years' probation for a July 1994 conviction for conspiracy to sell narcotics in San Francisco.
In March 1997, he was convicted of forced sex with a girl under age 14 in San Mateo, Calif. He spent 44 months in prison, being paroled but later returned to prison after twice violating parole conditions.
August said he was disturbed that Clark's latest crimes were consistent with his criminal history.
"Which means you haven't learned anything when it comes to controlling your behavior," the judge told Clark. "You are as close to being a sociopath anybody this court has ever sentenced."
By pleading no contest to the reduced charges, Clark avoided being sentenced to mandatory 20-year prison terms.
He was ordered to comply with sex offender registration requirements.
For more Maui news, click here.