LIHU‘E — The last member of a theft ring made of up Chevron employees at multiple stations was sentenced Wednesday in 5th Circuit Court.
June Gaines, 39, of Kalaheo, held her ground that she had a limited role in the Chevron gas station thefts that were uncovered by a Kaua‘i Police Department investigation in 2009. As an assistant manager, Gaines said she willingly signed the falsified shift receipts for the manager, who is described as a ringleader.
Gaines contends that she did not profit from the theft; but in taking responsibility for her role, agreed in the plea to pay $12,826 in restitution to parent company Lahaina Petroleum. She was also sentenced to five years of probation and three months of jail time with credit for time served.
Gaines was represented by attorney Mark Zenger, who said she arranged restitution prior to the plea deal. She pleaded guilty to second-degree theft on Oct. 5, and the remaining six counts of falsifying a business record were dismissed.
County Deputy Prosecuting Attorney Rebecca Vogt represented the state. She noted that Gaines has no prior convictions and recommended no jail time in lieu of the restitution agreement.
Judge Kathleen Watanabe questioned Gaines on her pre-sentencing interview. She expressed concern about a guilty plea when the report still contends a level of disconnect from the crimes.
Gaines stood her ground but said the decision to plead was to take responsibility for her involvement. She is also facing charges on another case and Watanabe denied the motion for deferred acceptance of the plea.
Watanabe set aside a contempt charge that could have delayed Gaines release from jail upon completing her three-month sentence. The judge reminded her to complete a successful probation and avoid serving the full five-year sentence.
The co-defendants included the managers of two stations and an additional employee. They have already been sentenced.
Former manager Gail Vinhaca pleaded no contest on July 28, 2010, and was sentenced to 10 years jail with a 40-month minimum. No restitution amount was noted in her sentencing other than it would be determined.
Former manager Eric Bailey pleaded guilty on Dec. 2, 2009, and was ordered to pay $21,698 in restitution, serve five years of probation, 500 hours of community service and one year in jail.
Employee Christopher Bond pleaded no contest to first-degree theft on Feb. 23 and was granted a deferred sentencing in addition to paying $32,915 in restitution.
