Former dance instructor Daniel Jones was sentenced to one year in prison and five years of probation yesterday for his conviction on two counts of third-degree sexual assault of an underage girl.

In a courtroom filled on one side with family members and supporters of Jones and on the other with family and friends of his victim, Circuit Judge Virginia Crandall turned aside arguments from the prosecution for a sentence of up to 10 years in prison for the 22-year-old defendant.

Crandall also rejected a request from Jones' lawyers for a sentence of probation with no jail time.

Jones was tried twice on charges of molesting five underage female students at the Rosalie Woodson Dance Academy in 'Aiea in 2004 and 2005.

He pleaded not guilty to the charges, insisting that he was the victim of a witch-hunt.

In the first trial, Jones was acquitted of all charges involving three of his alleged victims, but the Circuit Court jury could not reach a unanimous decision on the charges involving the two other girls.

A second trial was scheduled on the charges involving the two other girls.

That trial ended in March with Jones acquitted of 12 of 18 counts, but he was convicted of fond-ling one student who was 12 years old at the time. The jury could not agree on a verdict on two other charges.

Yesterday, Deputy Prosecuting Attorney Thalia Murphy said the state was dropping those remaining charges and asked Crandall to sentence Jones to an extended term of 10 years in prison because he is a "sexual predator."

"He had the audacity to victimize the child in her own home," Murphy said.

Jones' victim and her parents addressed the court and Jones.

The victim told Jones that she is "haunted" by what he did to her. She said she suffers nightmares, and her schoolwork has deteriorated at a time when she is thinking about applying for college.

"I hope, Judge Crandall, you put this predator away," she said.

Jones listened to the statements from the girl and her parents without expression.

He did not address the court. His lawyer, Myron Takemoto, said he had advised Jones to make no public statements because the case may be appealed.

Jones' parents, two sisters, a cousin and a family friend addressed the court, describing the defendant as an innocent man who has been humiliated and forever tarnished by false charges against him.

Jones' father, Ed Higa, asked the judge to sentence his son to probation, calling the prosecution the result of "a faulty police investigation" and overzealous prosecution.

"Daniel is not a predator, not a pedophile. He is not now nor ever will be a threat to any child," Higa said.

Marina Jones, mother of the defendant, called the case "a travesty" built on lies from families that "stand up here and continue to lie."

She said she knows why her son was falsely accused. "It didn't come out in court but it will come out," she said.

Takemoto said Jones underwent an extensive "psychosexual evaluation" earlier this year that determined that he has "low propensity to re-offend."

Jones had never been arrested before, is gainfully employed and enjoys "strong community support and strong family support," said Takemoto.

Jail will be difficult for him, and he will always be branded as a sexual offender, Takemoto said.

Crandall called Jones' action a "very, very serious" one but described it as a "situational sex offense" and said she believed he would be amenable to treatment.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.