LIHU‘E — The leader of what Kaua‘i police called a North Shore theft ring pleaded guilty to felony charges Monday in Fifth Circuit Court. Justin Charles Berry, 28, of Hanalei, pleaded guilty to second-degree theft and third-degree promotion of a
LIHU‘E — The leader of what Kaua‘i police called a North Shore theft ring pleaded guilty to felony charges Monday in Fifth Circuit Court.
Justin Charles Berry, 28, of Hanalei, pleaded guilty to second-degree theft and third-degree promotion of a dangerous drug, methamphetamine. The felony charges each carry a possible maximum five-year prison term and a $10,000 fine.
While Circuit Court Judge Kathleen Watanabe informed Berry that the two felony charges make it possible that the court could impose extended sentencing (for a possible 20 years in prison), the plea deal recommended that the court sentence Berry to five years of probation and up to 180 days in jail.
As part of the plea deal, Berry also pleaded guilty to first-degree criminal trespass, a misdemeanor that carries a maximum possible one-year jail term and a $2,000 fine.
Sentencing was scheduled for April 10.
Scott Kessinger, the defendant’s court-appointed defense attorney, said that Berry has already served in excess of five months in jail awaiting his trial date. His request for an earlier sentencing hearing was denied, and instead was told the court would consider a motion for supervised release.
The Kaua‘i Police Department named Berry a suspect in a series of burglaries from Hanalei to Ha‘ena from July through his arrest on Aug. 10 at a vacation rental in Ha‘ena, said Second Deputy Prosecuting Attorney Rebecca Vogt, reading from the indictment.
Berry was arrested at the home with stolen items, including a laptop, camcorder, backpacks and clothing, Kaua‘i Police officials said in a news release at the time of his arrest.
He was originally charged with first-degree criminal trespass, fourth-degree theft, two counts of second-degree theft, third-degree promotion of a dangerous drug, drug paraphernalia and third-degree promotion of a detrimental drug.
The Office of the Prosecuting Attorney has not filed a case against two other individuals on charges from arrests that were announced at the same time and in the same press release as Berry.
Maile Kainoa Hermstad and Kyle Masato Matsumoto were arrested July 14, 2012, for unauthorized entry into a motor vehicle. With no case filed at the time of their calendar call in Fifth District Court, the case was dismissed without prejudice.
Noel Kala Kinney, 20, of Kapa‘a, was arrested Aug. 13 for first-degree burglary, unauthorized personal information, theft and forgery of credit card. He changed his plea to no contest to first-degree burglary on Dec. 10 in Fifth Circuit Court and his motion to defer sentencing will be heard on March 14.
∫ This article was corrected to reflect that the Office of the Prosecuting Attorney has not filed a case against two individuals on charges from the arrest. Maile Kainoa Hermstad and Kyle Masato Matsumoto were arrested July 14, 2012, for unauthorized entry into a motor vehicle. With no case filed at the time of their calendar call in Fifth District Court, the case was dismissed without prejudice. Noel Kala Kinney, 20, of Kapa‘a, was arrested Aug. 13 for first-degree burglary, unauthorized personal information, theft and forgery of credit card. He changed his plea to no contest to first-degree burglary on Dec. 10 in Fifth Circuit Court and his motion to defer sentencing will be heard on March 14.
