Sentencing delayed for man in islandwide crime spree

Joshua D. Hams appears in Kona Circuit Court in December 2019. (Chelsea Jensen/West Hawaii Today)
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Sentencing has been delayed for a 39-year-old Kailua-Kona man in connection with a 2019 islandwide crime spree that ended in a standoff at a Holualoa home.

Joshua D. Hams appeared Monday before Kona Circuit Court Judge Robert D.S. Kim for sentencing in connection with the string of incidents last August, however, the hearing was continued after Deputy Public Defender James P. Greenberg notified the court that Hams may be wanted on a U.S. District Court warrant of arrest.

Greenberg told the Kim he learned this weekend of the federal criminal complaint when asking for a 60-day continuance of Monday’s sentencing hearing. Deputy Prosecuting Attorney Kate Perazich did not object to the request, noting the state would contact the U.S. Attorney for the District of Hawaii’s office for clarification.

According to federal court records, a six-count criminal complaint against Hams in connection with incidents on Aug. 21, 2019 was filed Dec. 17, 2019, in U.S. District Court. The document accuses Ham of two counts interference with commerce by robbery; two counts use of a firearm during and in relation to a crime of violence; and two counts felon in possession of a firearm.

The online court records do not indicate if an arrest warrant has been issued.

Assistant U.S. Attorney Chris Thomas, reached Monday afternoon, declined comment when asked if the office was still pursuing the case.

Greenberg told Kim in court earlier Monday that if the federal government was still pursing the case, he would seek withdrawal of his client’s no contest plea in the state case.

Kim continued the hearing until Oct. 22.

In a plea deal meted with the state, Hams pleaded no contest on June 25 to 21 of the 43 charges filed against him in connection with the incidents on Aug. 21, 2019, that spanned from Hilo to Ka‘u to Kona.

According to court records, Hams pleaded no contest to three counts first-degree robbery, one count carrying a firearm in commission of a separate felony, three counts ownership or possession prohibited, seven counts second-degree criminal property damage, three counts first-degree terroristic threatening, and one count each first-degree criminal property damage, unauthorized entry in dwelling and second-degree theft.

In exchange for his plea, prosecutors agreed to drop five of the nine class A felonies, four of nine class B felonies, eight of the 20 class C felonies and all five misdemeanors.

Per the plea agreement, Hams faces up to 20 years incarceration with a mandatory minimum term of 10 years for the robbery offenses. Prosecutors also agreed to recommend concurrent sentences.

The reported islandwide crime spree began 9:20 a.m. Aug. 21, 2019, in Hilo with a report of a “mentally unstable” man brandishing a shotgun. That continued to Naalehu where the man, later identified as Hams, reportedly stole a state Highways Division vehicle and later robbed a Honaunau gas station at gunpoint.

Around noon, Hams allegedly fired shots in Kalaoa and then proceeded to the Kona Commons area where he reportedly shot out a door at the AT&T Store and also stole merchandise. Upon fleeing, Hams reportedly hit multiple vehicles on Kuakini Highway, stole another vehicle at the Lako Street Shell gas station and eventually abandoned that vehicle and barricaded himself at a private residence in Holualoa before surrendering to police.

Hams remains in custody at Hawaii Community Correctional Center in lieu of $1 million bail.