LIHUE — A lengthy record did not help a Hanamaulu man who received a five-year prison term on Wednesday in 5th Circuit Court.
Matthew Dado Madrid, 40, turned to his father, who was in court to support his son and as the victim in the credit card theft case. “I am sorry. I love you,” Madrid said, before making his apologies to the court and saying that he is using his time in jail to better himself.
Madrid was arrested on Feb. 27 on multiple counts of identity theft, unauthorized possession of confidential personal information, forgery of a credit card and fraudulent use of a credit card.
County Second Deputy Prosecuting Attorney Rebecca Vogt said the incidents occurred in December 2012. The victim noticed his credit cards had been stolen and used to purchase items at area retail outlets. He canceled the cards and ordered new ones.
Madrid took the new cards from his father’s mail and used them to buy more items, Vogt said. He was arrested after being captured by retail video surveillance using the cards.
Vogt said this was a matter of violating a position of trust. The state recommended the five-year sentence.
The lack of remorse and not taking responsibility for his actions, along with poor performance on probation for prior convictions, led to the recommendation, Vogt added.
State Deputy Public Defender John Calma said Madrid has had a life-changing experience during his nine months in jail awaiting resolution of his cases. Calma recommended sentencing according to the plea deal with drug rehabilitation to address the underlining issue.
“He has had a change of attitude and accepts responsibility,” Calma said.
Judge Kathleen Watanabe said that Madrid once completed Kauai Drug Court. It was good to see a positive attitude change and improvements in his physical appearance, but the prior record and other pending sentencing presented concerns to the court, she said.
“I am sure that you can understand that there is only one appropriate sentence here,” Watanabe said.
Madrid was sentenced on two of the 18 charges in accordance to the plea deal. He received concurrent five-year terms for unauthorized access of personal confidential information and fraudulent use of a credit card.
Madrid has 14 prior convictions from 2008 and 2009 but this was his first felony offense. The priors included theft, gambling and contempt of court charges, and the longest time he had served before was six months.
In another matter, Madrid pleaded no contest to a class B felony drug charge on July 8 and is scheduled to be sentenced by Chief Judge Randal Valenciano Nov. 14. He faces a possible 20-year sentence for the charge.
A third case involving two other felony drug charges will be dismissed according to the plea deal.
County Prosecuting Attorney Justin Kollar said Madrid has 17 arrests as an adult and that prison is the only sentence that adequately protects Kauai residents.
“This defendant chose many times to violate the trust of those around him, and has shown time and again that he refuses to live under the terms of trust and respect that are the cornerstone of our community,” Kollar said.
• Tom LaVenture, staff writer, can be reached at 245-0424 or by emailing firstname.lastname@example.org.