The trial judge, emphasizing the discretionary nature of HRS 571-42, denied the motion, stating that the facts of the case did not support an informal adjustment. The trial judge also stated that he would have denied the motion even if the State had agreed with Thomas and Jozan. The case then proceeded to trial. Procedure in adult cases. In any criminal proceeding arising under section 571-14 the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and such adjustment as is practicable, without prosecution.
Informal adjustment is akin to probation.
This incident did not take place on any military installation. Thomas was acquitted of this second charge. State jurisdiction on Federal land for that incident. The trial judge, noting that Thomas had cited no authority for the argument, denied the motion. Once again, the trial judge denied the motion.