LIHU‘E — A Kaua‘i teen who said he broke into a visitor’s rental car at Kipu Falls to steal money to feed hungry friends was sentenced to 60 days in jail Wednesday morning.
Gabriel Kolohe Brown, 19, of Kapa‘a, began serving his sentence after pleading guilty to a felony count that could have had him staring at five years in jail and a fine of up to $10,000. He started serving his sentence Wednesday, with 54 days remaining after being given credit for four days already served.
“This is a huge break, a huge break,” 5th Circuit Judge Kathleen Watanabe told Brown, comparing 60-day and five-year sentences.
He was sentenced in a plea agreement to first-degree unauthorized entry into a motor vehicle, a class C felony. In exchange, charges of second-degree theft, credit-card theft and third-degree criminal property damage were dropped.
The break-in case garnered above-average local attention because the victim, Antonio “Tony” Dettori, continually e-mailed police, county, visitor-industry and media officials about how the incident negatively reflects on the island’s welcoming of visitors.
Watanabe called Brown’s actions “just a black eye on the island. I don’t excuse your crime or your action.”
The judge ordered Brown to begin paying restitution 30 days after he is released from prison, in a total amount of nearly $1,300. She placed him on five years felony probation, and promised him a stiff sentence if he violates terms or conditions of his probation and ends up before her for probation revocation and eventual re-sentencing.
The state deputy public defender, Christian Enright, described Brown’s story as “a tale of a hard life.”
Enright detailed Brown’s life with his single mother and “no father figure to show him the way,” noting periods of homelessness. Enright finished up representation of Brown that earlier had been in the hands of Edmund Acoba, another state deputy public defender.
Brown also faces sentencing on a misdemeanor count of criminal contempt of court for failing to make scheduled appearances in other cases before 5th Circuit Judge Randal Valenciano.
The impact of his crimes on Brown was more profound over the last few months, said Enright.
“He knows he needs to be punished,” Enright said, asking Watanabe to abide by terms of the plea agreement worked out by Enright and Lauren McDowell, county deputy prosecuting attorney.
“I’m sorry, really, sincerely sorry for what I done,” Brown said. “I know it was wrong. I’ve worked hard to make changes.”
Watanabe asked him what kinds of changes he made, and Brown said he is working full time for a construction company, recently moved into a new dwelling and is paying rent and living on his own.
Brown was dressed in a suit and tie, looking very much like Enright standing next to him, except that Brown sported multi-colored hair.
“I was in a rebellious mind state” when the crimes took place, said Brown, who at 16 was a teen runaway for around a month in December 2007 and part of January 2008.
When he had to spend the night at Kaua‘i Community Correctional Center after a more recent arrest for criminal contempt of court, Brown said he realized he didn’t want to be there, and didn’t want to become the kind of person the inmates there are.
Watanabe said she doesn’t doubt the sincerity of Brown’s sorrow, but underscored the crime against Dettori and the rest of Brown’s history with the courts — including several contempt-of-court charges, misdemeanor convictions with unpaid fines and other counts.
“It’s a real big concern for the court. Primarily it’s the victim who got ripped off,” Watanabe said of Brown’s crime.
The judge also ordered Brown to undergo tests and rehabilitation for emotional matters, drugs and alcohol, relationships and other matters as deemed appropriate by his probation officer.
“Whether you succeed or not will be determined by yourself,” said Watanabe, warning Brown that if he missteps he’ll be “subject to full felony sentencing.”
“This is good news,” said Dettori, when reached by telephone and told of Wednesday’s sentencing.
Among the items stolen and thus far not returned (he thinks most of the items are in police possession as potential evidence if a trial ensued) were clothing of sentimental value, identification and credit cards and a cell phone that was important to Dettori while on Kaua‘i as he was best man at a friend’s wedding and had the 70-member wedding party and guests’ contacts in that phone.
Additionally, damage to the rental vehicle not covered by insurance was an unexpected expense, he said.
The party spent lots of time and money on the island, stayed at several different North Shore hotels, condominiums, timeshares and other accommodations, and included lots of people in positions to influence others to either come or not come to Kaua‘i on later visits, he said.
The court-ordered reimbursement and knowledge that justice has been served are enough, he said.
“Restitution was all I was seeking. A lot of people wanted justice,” visitors and Kaua‘i residents alike, said Dettori.
He credited Kaua‘i Police Lt. Sherwin Kaleo Perez, Lihu‘e District commander in the Patrol Services Bureau, for his work leading to the arrest and eventual conviction of Brown.
• Paul C. Curtis, assistant editor and staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
