10 years for man involved in violent robbery

LIHU‘E — The judge said public safety was of real concern in sentencing the first of four young men for his part in a violent Koloa Chevron robbery.

Josiah K. Kaluna, 18, of Koloa, was sentenced to 10 years in prison Wednesday in 5th Circuit Court. He told the judge that he doesn’t want to go through life as the Koloa Chevron robber, and that his time in jail has taught him that he wants to do more with his life.

Kaluna’s grandmother spoke on his behalf. She said her grandson has learned his lesson and asked the court to consider probation.

Judge Kathleen N. A. Watanabe said that it “was with a heavy heart” that the court must sentence a young man to so much prison time. She said the court could not warrant probation in this case.

The probation option was outweighed by an extensive juvenile record, the seriousness of the offense, the violence demonstrated toward the Chevron manager and store property and the potential continued threat to the community, Watanabe said.

After listening to Kaluna’s statements in court, Watanabe said his were the actions of an adult. He was a willing participant and not a child who was convinced to follow others, she said.

State Deputy Public Defender Stephanie Sato asked to court to consider a five-year probation with an 18-month jail sentence. She said this was the first adult offense for the young man.

Despite an extensive juvenile record, Sato outlined a series of tragic occurrences throughout Kaluna’s life and cited a lack of constructive adult mentoring. She said he has grown considerably since his arrest and was ready for a change.

There was no mention of remorse for the victims of the crime in Kaluna’s statements, Watanabe said. There is an extensive history of juvenile programs, supervision and ultimately youth detention.

All of that intervention and having a good job prior to the offense should have made him think twice, she said.

Many people live tragic lives but not everyone is standing in court and wearing orange, she added.

Sato said than an incident involving Kaluna while held at Kaua‘i Community Correctional Center would be going to trial and should not be a factor in sentencing.

County Deputy Prosecuting Attorney Melinda Mendes said Kaluna was not brandishing a knife, as was another co-defendant. However, she said the store security video showed that he was the most violent of the four codefendants.

Kaluna punched the store manager in the back of the head when he cooperated, she said. After stealing liquor, Mendes said Kaluna kicked the manager and then broke open a cigarette case.

Mendes said Kaluna has had many breaks as a juvenile and that he committed this crime just months after release from juvenile detention.

Kalua pleaded guilty to reduced second-degree robbery and fourth-degree criminal property damage count on June 20. He could have faced a 20-year sentence on the original first-degree robbery charge.

His request for supervised release until sentencing was denied on Aug. 28.

Watanabe also ordered Kaluna to pay restitution in the amount of $450.09 to Lahai Petroleum LLC. The co-defendants would also have restitution in their sentencing, she added.

Kaluna was one of four defendants tried separately for the Jan. 4 robbery of a Koloa service station and convenience store. Each was charged with first-degree robbery and attempted second-degree theft.

Kalai Hans Vicente, 19, of Kapa‘a, pleaded guilty to an amended charge of second-degree robbery on July 5. He is scheduled to be sentenced on Oct. 10.

Clarence Montgomery Ka-Ne II, 21, of Koloa, pleaded guilty to an amended charge of second-degree robbery on June 18.  He was granted supervised release on Sept. 26, and his hearing on a request for deferred acceptance of his guilty plea is scheduled for Jan. 30, 2013.

Ka-Ne is scheduled to testify at the Dec. 3 trial of Mason Noah Saio, 20, of Kalaheo, the only defendant that did not accept a plea deal.

He faces first-degree robbery, attempted second-degree theft and third-degree assault charges.