LIHU‘E — An 18- year-old man was sentenced to one year in jail for second-degree burglary Thursday in 5th Circuit Court. Casey Ikaikakeapuhiilani Delima-Conant, 18, of Kapa‘a, was arrested on July 19, 2012, for second-degree burglary. He allegedly broke into
LIHU‘E — An 18- year-old man was sentenced to one year in jail for second-degree burglary Thursday in 5th Circuit Court.
Casey Ikaikakeapuhiilani Delima-Conant, 18, of Kapa‘a, was arrested on July 19, 2012, for second-degree burglary. He allegedly broke into a storage container at the Kapa‘a Chevron and stole energy drinks and food.
After pleading no contest to first-degree criminal trespass and fourth-degree theft on Oct. 22, Chief Judge Randal Valenciano ordered a diagnostic report to be prepared and directed Delima-Conant to participate in the process.
Delima-Conant did not cooperate, however, and the judge said that if the defendant would not participate in this relatively simple matter to assist him in sentencing, then he could not expect him to cooperate with the terms and conditions of probation. The result was an open prison term.
Court appointed defense attorney Caren Dennemeyer said the defendant comes from a broken family and lived with an aunt when he wasn’t in foster homes. He has a juvenile record but she asked the court to be lenient for this childish act and to give the defendant probation and up to six months in jail.
“It has not been an easy road for him,” Dennemeyer said.
County Prosecuting Attorney Justin Kollar said that the seriousness of the crime, the frequency of contact with the law, and likelihood of recidivism are all factors that should disqualify the defendant from a deferment in this case. He pleaded to a misdemeanor but the crime was serious and he asked the court for the full sentence.
“A deferment is not appropriate in this case,” Kollar said.
Valenciano denied the defendant’s motion to defer an acceptance of guilty plea. It would have put Delima-Conant in a position to have the charges removed from his permanent record upon successful completion of probation.
In his statement to the court Delima-Conant said that what he did was not right, and that he was thinking only of himself. He said the experience in jail for the first time as an adult allowed him to focus on what he wanted to change in his life.
“There is a glimmer of light in your words but your actions are dark, and that is the problem,” Valenciano said.
The judge said that this was a difficult matter and that he appreciated the fair presentation by the defendant in court. It was the criminal history and what appeared to be a crime spree over an extended period of time that concerned him, he said.
“I am feeling the burden of the robe in your case,” Valenciano said.
Delima-Conant was also sentenced to 30 days concurrent jail time for the fourth-degree theft charge. He will receive credit for any time already served in the case.