LIHU‘E — Three defendants have completed myriad, global pleas to reach the sentencing phase of the criminal justice system. With several cases each, the defendants have one in common — an April 16, 2009, break-in at a pharmacy in Kilauea
LIHU‘E — Three defendants have completed myriad, global pleas to reach the sentencing phase of the criminal justice system.
With several cases each, the defendants have one in common — an April 16, 2009, break-in at a pharmacy in Kilauea that resulted in theft and property damage totaling nearly $6,000. The three reportedly stole large amounts of Oxycodone and Oxycontin pills and Oxycodone powder.
David W. Harville, 31, of Honolulu, pleaded to felony theft and drug cases last week and is the final of the three defendants to reach the sentencing phase after pleading no contest in three cases on Sept. 19.
Fifth Circuit Judge Kathleen Watanabe on Wednesday sentenced Harville to five years of probation with one year in jail on an amended plea to second-degree theft. He received a concurrent sentence of six months jail and a year’s probation on a second-degree escape charge that was amended to resisting arrest.
Harville, represented by Deputy Public Defender Warren Perry, said the crime was purely driven by a drug addiction. He said the escape attempt was solely to ensure he would get his next drug fix.
Watanabe expressed concern that the victim in the case, the drug store, had not followed up with a call regarding a restitution request from Second Deputy Prosecutor Samuel Jajich.
The judge allowed 30 additional days for the pharmacy to respond regarding the damages that exceeded $6,000.
In a separate case, co-defendant Sean Scates pleaded guilty to second-degree theft in a plea deal on Sept. 19. Watanabe sentenced him to five years of probation and one year in jail on Wednesday.
Zack Naea, the third co-defendant, pleaded no contest to third-degree promotion of a dangerous drug on Sept. 26. The state agreed to drop four other charges. The sentencing date with Watanabe is set for Jan. 4.
Fifth Circuit Chief Judge Randal Valenciano presented Harville with an identical concurrent sentence Thursday, along with 300 hours of community service for a case that stems from a Nov. 18, 2010, seven-count indictment.
Harville, represented by Deputy Public Defender John Calma, pleaded no contest on two felony counts of third-degree promotion of a dangerous drug on Aug. 30.
As a previous drug offender, Harville is a 2008 graduate from Drug Court. Both judges said Harville has had all the treatment possible and succeeded in the program.
Valenciano said Harville was running out of options now that he has had the benefit of the system to help fight his addiction only to reoffend again.
Watanabe said another appearance in court on charges would likely result in the open prison sentence without probation.
Both judges ordered substance abuse assessments and follow-up with any treatment requirements.
Calma presented a letter from Harville’s employer and a statement from the arresting officer in support of lenient sentencing. He said Harville intends to transfer his probation back to his Mainland home where family would help prevent a reoccurrence of his drug habit.
Harville apologized to the court and to his family. He said that nine months of incarceration has helped him see past his addiction and looks forward to rebuilding his life again.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@thegardenisland.com.
