KAILUA-KONA — A 64-year-old man was sentenced to 30 days in jail on Thursday for masturbating in broad daylight on a pathway leading to a popular keiki swimming spot earlier this month.
The incident occurred about 4:30 p.m. Nov. 3 on the public shoreline access path through Kona Bay Estates from Old Kona Airport Park, according to information presented to the court by Hawaii County Deputy Prosecutor Stephen Frye. Police were sent there after several reports from the public of a naked man pleasuring himself on the sandy trail used by moms and dads with keiki in tow to go to Keiki Pond.
When Hawaii Police Department officers arrived at the scene they found the man, Timothy K. Newstrom, naked and in the process of masturbating, the prosecutor said. As the officers neared, Newstrom picked up and tried to light a glass pipe. That pipe tested presumptive positive for methamphetamine.
Newstrom was arrested and charged with open lewdness, a petty misdemeanor; third-degree promoting a dangerous drug, a Class C felony; and possessing drug paraphernalia, a violation.
He made his initial appearances in District Court last week and after waiving his right to a preliminary hearing, during which the state must show it has probable cause to support the charge, he made his initial appearance in Circuit Court on Wednesday.
In a plea deal meted with prosecutors, Newstrom pleaded no contest to the open lewdness and promoting a dangerous drug charges. The paraphernalia charge was dropped, and prosecutors agreed not to request additional jail time for the felony offense.
“I acknowledge I have a problem,” Newstrom told Circuit Court Judge Melvin H. Fujino before the adjudicator rendered his sentence. “I’m really sorry and I will appreciate the opportunity to redeem myself if you let me.”
Fujino then asked Newstrom why he was masturbating in public, to which the sexagenarian said he had no house, hotel or place to take part in the private activity. Fujino noted the man’s two prior convictions for open lewdness.
“You need to learn to stop doing those kind of stuff,” the judge responded, to which Newstrom said, “I understand.”
Fujino subsequently sentenced Newstrom to serve 30 days in jail, with credit for 12 days served, for the open lewdness charge. For the felony drug offense, he was sentenced to four years probation with no further jail time. He also ordered the man to complete substance abuse and psychosexual assessments, and treatment if deemed necessary.
The judge waived all fees, due to Newstrom’s inability to pay, but ordered Newstrom him to pay $5 a month until the $32.65 cost of DNA collection is paid off.