State v. Paresa

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-JAN-2026
11:01 AM
Dkt. 56 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee,
v.
CHRISTOPHER PARESA, also known as CHRISTOPHER PARESA-THYNE,
Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NOS. 1FFC-XX-XXXXXXX & 1FFC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.)

Christopher Paresa appeals from judgments of conviction
entered by the Family Court of the First Circuit in case
nos. 1FFC-XX-XXXXXXX (First Case) and 1FFC-XX-XXXXXXX (Second
Case) on December 14, 2023. We affirm both judgments.
In the First Case, Paresa was charged with Abuse of
Family or Household Members because of an incident that happened
on August 5, 2023.
In the Second Case, Paresa was charged with Abuse of
Family or Household Members because of an incident that happened
on August 23, 2023.
The complaining witness in both cases was Paresa's
husband (CW). Both cases were tried on December 14, 2023.1 The
Family Court found Paresa guilty as charged in both cases.

1
The Honorable Gale L.F. Ching presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Paresa challenges the sufficiency of the evidence to
support his convictions. When sufficiency of the evidence is
challenged, we consider the evidence "in the strongest light for
the prosecution" to determine "whether there was substantial
evidence to support the conclusion of the trier of fact." State
v. Calaycay, 145 Hawai#i 186, 196, 449 P.3d 1184, 1194 (2019).
As relevant to this case, Hawaii Revised Statutes
§ 709-906 (Supp. 2022) provides:

(6) It shall be a petty misdemeanor for a person to
intentionally or knowingly strike, shove, kick, or otherwise
touch a family or household member in an offensive manner;
[or] subject the family member or household member to
offensive physical contact[.]

(1) For the First Case, Paresa contends the evidence
was insufficient to prove he acted intentionally or knowingly.
He argues he "tried to grab [CW]'s cell phone in order to stop
[CW] from recording" him, and his "physical contact with [CW] was
incidental to his intent to get the cell phone."
CW testified about the August 5, 2023 incident. CW's
cell phone video was stipulated into evidence. CW is heard on
the video saying "Get the fuck away from me, Chris. Get away
from me. Get the fuck off me. Get off me." CW explained that
the video showed Paresa "took his right arm, put it around my
neck." CW "was petrified of him." CW felt pressure on his neck
and he couldn't breathe.
Because "intent can rarely be proved by direct
evidence, proof of circumstantial evidence and reasonable
inferences arising from circumstances surrounding the act is
sufficient to establish the requisite intent." Calaycay, 145
Hawai#i at 200, 449 P.3d at 1198. Here, CW's testimony and the
video evidence were sufficient to prove that Paresa intentionally
or knowingly touched CW in an offensive manner or subjected CW to
offensive physical contact.

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(2) For the Second Case, Paresa contends the evidence
was insufficient to prove he touched CW in an offensive manner or
did so intentionally or knowingly.
CW testified Paresa was angry and they were bickering.
CW sat on the kitchen floor. His phone was on the ground.
Paresa ran in, grabbed CW's shirt, scratched his chest, grabbed
his phone, and ran out of the house. A photograph of scratches
on CW's chest was admitted in evidence.
Paresa testified he didn't grab CW's shirt. In this
appeal he argues that even if he did, "it was not to
intentionally or knowingly cause offensive physical contact."
As the Family Court acknowledged, "We got two different
stories." The court "found that the complaining witness's
testimony was more reasonable and credible." We may not
"interfere with the decision of the trier of fact based on the
witnesses' credibility or the weight of the evidence." State v.
Mitchell, 94 Hawai#i 388, 393, 15 P.3d 314, 319 (App. 2000).
Here, CW's testimony and the photographic evidence were
sufficient to prove that Paresa intentionally or knowingly
touched CW in an offensive manner.
The Judgment of Conviction and Sentence entered on
December 14, 2023, in 1FFC-XX-XXXXXXX is affirmed.
The Judgment of Conviction and Sentence entered on
December 14, 2023, in 1FFC-XX-XXXXXXX is affirmed.
DATED: Honolulu, Hawai#i, January 23, 2026.

On the briefs:
/s/ Karen T. Nakasone
Henry P. Ting, Chief Judge
Deputy Public Defender,
State of Hawai#i, /s/ Keith K. Hiraoka
for Defendant-Appellant. Associate Judge

Loren J. Thomas, /s/ Clyde J. Wadsworth
Deputy Prosecuting Attorney, Associate Judge
City and County of Honolulu,
for Plaintiff-Appellee.

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