No prison for ex-athlete in Hawaii drug ring
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By Peter Boylan
Advertiser Staff Writer
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A former Hawai'i Pacific University softball player was sentenced yesterday to five years of probation and six months of home confinement for her part in a scheme to sell more than 100 tablets of Ecstasy.
Kellie A. Nishikida, 20, avoided jail time by agreeing to cooperate with the government and steer clear of drugs. She was sentenced by U.S. Magistrate Judge J. Michael Seabright.
Nishikida also must submit to random drug testing, perform 300 hours of community service, pay a $100 special assessment and abstain from alcohol for five years.
Dressed in a blue, long-sleeve knit top and black pants, Nishikida cried quietly throughout the proceedings, and addressed the court before being sentenced.
"I'm really sorry for what I've done. When I was dealing drugs, I didn't realize how much it was affecting my family, my friends, my teammates and the community," said Nishikida, speaking in court. "I'm really embarrassed and ashamed and I know I made a really bad decision."
She pleaded guilty May 16 to a single count of knowingly possessing with the intent to distribute 170 Ecstasy tablets on Jan. 13 and 14.
"I don't want anyone here to think the offense was not serious conduct because it is," said Seabright, speaking during the proceedings yesterday. "She started using drugs, she started using Ecstasy, and that led her to the belief that she could go out and do this with no repercussions. I don't want you to think this was simply a mistake, I don't buy it. You knew what you were doing."
He added, "I see the efforts on her behalf to put this behind her and better herself. I don't have any doubt that if you stay off drugs going forward, I'll never see you again. You need to commit yourself to staying sober, staying away from the clubs and the drugs because you have a weakness."
The Pearl City High School graduate, who finished high school with a 3.7 grade-point average, faced up to 20 years in federal prison and a fine of $1 million at sentencing.
Nishikida was one of four women arrested and charged with being part of a ring to sell Ecstasy on military bases and elsewhere. Krystle Kido, Natasha Hanson and Jade Dixon have pleaded guilty to their roles in the ring.
Prosecutors have said Nishikida planned to sell 110 pills to Hanson and Kido on Jan. 13, and 60 pills to Hanson on Jan. 14.
But federal agents arrested Hanson and Kido on Jan. 13, and were in the parking lot of the Pearl City Wal-Mart the following day to arrest Nishikida after she arranged to meet Hanson for the second deal.
As part of her plea agreement, the government agreed not to pursue additional charges against Nishikida.
Nishikida's attorney, Howard K.K. Luke, said he was pleased with the sentence and appreciated that the government did not object.
"She is one of the most wonderful young women I have ever met. She's very happy, obviously, as the possibility of going to federal prison was there," Luke said.
Assistant U.S. Attorney Gabriel Colwell said the government was satisfied with Seabright's ruling, although he condemned Nishikida and her co-conspirators' actions.
"The offense itself is extremely repugnant. She was selling poison to the community," Colwell said. "It is a just sentence."
Colwell did not object when Seabright asked him in court if he would oppose a sentence of probation.
Tearful testimonials by family and friends coupled with Nishikida's genuine attempts to better herself factored into Seabright's decision to grant Nishikida probation.
Before the start of yesterday's hearing, Seabright said he was considering incarcerating Nishikida for a period of time. Seabright encouraged Nishikida, who is currently suspended from Hawai'i Pacific University, to continue her college education.
He urged the university to allow her to return to classes.
More than three dozen family members, friends, teammates and former teachers packed Seabright's courtroom yesterday to show support for Nishikida.
Former Pearl City High School principal Gerald Suyama testified that Nishikida was not the person portrayed by prosecutors. He said she was an outstanding student and role model for young athletes.
"She was never in trouble and this is a lesson learned to be sure," said Suyama, speaking in court. "I'll stake my life on that she will never be a career criminal. Kellie will be back to what she usually is, which is a wonderful person."
Nishikida's mother, Debra, said that since her arrest, her daughter has maintained a full-time job at a nonprofit organization helping victims of domestic abuse. She said her daughter has attended substance abuse counseling, and reimbursed her and her husband for the majority of legal fees and costs incurred by her legal problems.
"We love her with all of our heart and soul. Kellie's actions were wrong and we offer no excuse," said Debra Nishikida, speaking in court. "Despite the crime, in her heart of hearts, Kellie is a young woman of great integrity."
Reach Peter Boylan at pboylan@honoluluadvertiser.com.
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