December 15, 2010
by Melissa Tanji, Staff Writer of Maui News
WAILUKU – An 18-year-old man who broke into an Honokowai apartment with two others and stole several items including a digital camera, laptop computer and a video game console, was sentenced to 180 days in jail and five years’ probation Tuesday.
Second Circuit Judge Joseph Cardoza also ordered Blake West and his co-defendants to pay $7,328 in restitution, to stay away from the victim and to not enter the Sunset Terrace Apartments.
West received credit for time already served in jail and a chance to clear his record if he successfully completes probation. He remains in custody at Maui Community Correctional Center.
Cardoza warned West that if he gets into trouble again he could be facing more prison time.
“The law has given you a chance to make something out of your life,” Cardoza said at the end of the hearing.
Defense attorney Cary Virtue said this is the first time West has gotten into trouble, and he has enrolled at Maui Community Correctional Center to obtain his general education diploma.
Deputy Prosecutor Mark Simonds said West, 19-year-old Justin Fonseca and a 17-year-old had staked out the apartment they intended to burglarize and waited for the woman and her boyfriend to leave to take their dog for a walk before they went in and took various items, including the camera equipment she used for her job.
“They were basically tools of her trade,” Simonds said.
He asked Cardoza to follow the plea agreement and not give West a chance to clear his record because the defendant did not take the opportunity in the past to get treatment for using illegal substances.
But Simonds acknowledged West was helpful to police and helped recover a stolen item.
“I think he is sincere. He is young enough to change,” Simonds said.
West pleaded no contest to first-degree burglary and second-degree theft for the incident on June 12, court records show. Fonseca is awaiting sentencing.
In an unrelated case, 32-year-old Julie Devera of Kalamaula, Molokai, was sentenced Tuesday to five years’ probation for forging a check to get groceries and cash last year.
Cardoza gave Devera, who was out of custody and pregnant, credit for the 30 days she had already spent in jail and ordered her to pay $250 in restitution.
Devera was sentenced under a law for first-time property offenders who are nonviolent and fit criteria including being in need of substance abuse treatment.
According to court records, from Sept. 29 to Sept. 30, 2009, Devera forged a check and made it payable to $250 in cash and purchased more than $89 in groceries and received nearly $161 back in change at the Misaki’s store in Kaunakakai.
Devera pleaded no contest to second-degree forgery and third-degree theft.
