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Jackson, held for killing woman, gets five-year sentence for unrelated crimes
by Chris Loos
Tribune-Herald Staff Writer
A Big Island man accused of a fatal attack on a pregnant woman last year was sentenced to five years in prison Wednesday for three unrelated violent crimes.
At his sentencing before Circuit Judge Glenn Hara, court-appointed defense attorney Stanton Oshiro sought probation for Marwan Timothy Saad Jackson. Deputy Prosecutor Michael Kagami asked for 15 years in prison.
Jackson was originally given a year in jail and five years' probation for assaults in June 2002, April 2003 and July 2003. After he got out of jail, he violated terms of probation by missing an appointment with his probation officer, smoking marijuana and failing to submit to a drug test.
He was granted supervised release while awaiting his court date for the violations. The court date was still pending Nov. 27 when Jackson allegedly killed his former girlfriend, Sarah Fay. She was 71/2 months pregnant.
At his resentencing Wednesday for the three assault convictions, Jackson asked for leniency, saying he has worked as a firefighter in Malibu and a rock wall builder on the Big Island. "I get along great with the community," he said.
Jackson acknowledged that he's made poor choices. "But I love people," he said. "I'm not a monster. I'm an honest, hard-working person and father that's still learning."
The judge told Jackson he presents himself well in court. He said the court gave Jackson probation before but he failed to comply.
"Contrary to what your attorney as been arguing ... you're not amenable to probation at this point," Hara said.
He sentenced Jackson to five years in prison for each incident but then said the sentences could be served all at the same time.
Later Wednesday, Oshiro made a statement on behalf of his client. "While Mr. Jackson was hoping to receive a sentence of probation, he accepts the court's sentence and is grateful that the court carefully considered the facts and circumstances of his case before sentencing him," Oshiro said.
Prosecutor Kagami told reporters he was disappointed that Jackson got five years rather than 15. He said that's the same sentence a non-violent offender would receive for violating probation on a single offense.
"You've got three violent crimes occurring on three different dates ... I don't know what kind of message that sends," Kagami said.
Jackson is charged with second-degree murder, first-degree sexual assault, kidnapping and violating a restraining order in connection with Fay's death. The woman was kept on life support until her baby could be delivered by Cesarean section.
Wednesday's re-sentencing was for throwing an object at Bruce Ward's head in Kona on June 9, 2002; stealing a car, punching Kasi Simington in the mouth and throwing a rock at Jay Chakrauart's arm on April 18, 2003; and dragging police Officer Robert Almeida behind his car in Pahoa on July 3, 2003.
After his release from jail for the original sentence, Jackson was charged with assaulting David Anderson on Jan. 3, 2005.
On Jan. 31, 2005, Fay took out a temporary restraining order against him. She said she believed Jackson had problems with alcohol and anger. Jackson was ordered stay away from Fay and her two children for three years.
Meanwhile, the state asked the court to revoke Jackson's probation.
According to court records, Jackson was arrested for probation revocation and taken to court Feb. 17, 2005. Deputy Public Defender David Kuwahara asked Hara to set bail or release Jackson on supervised release to his hanai uncle, Kaliko Kanaele.
Deputy Prosecutor Jason Skier asked for $25,000 bail. He argued that Jackson had a history of violent crimes, was awaiting a preliminary hearing on the January assault charges and was a flight risk.
Hara granted the request for supervised release but reminded Jackson he was still on probation.
On May 11, 2005, Jackson was arraigned in Circuit Court for the alleged assault on Anderson. Hara reduced his bail in that case from $7,000 to $4,000, and Jackson posted bail.
In June, Jackson admitted to violating probation but remained free on supervised release pending his re-sentencing.
Jackson, who was then 24, was charged Nov. 30 for the alleged attack on the 34-year-old Fay at her Fern Acres home three days earlier.
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The way he described himself in the court room as being a loving person. What a fucking joke!!
