LIHU‘E — When Lance Kerwin, 49, was a teenager, his good looks and natural acting talent landed him the leading role in the hit TV series “James at 15,” catapulting him to stardom. After overcoming drug addiction and getting in
LIHU‘E — When Lance Kerwin, 49, was a teenager, his good looks and natural acting talent landed him the leading role in the hit TV series “James at 15,” catapulting him to stardom. After overcoming drug addiction and getting in trouble with the law, he became a pastor at Calvary Chapel in California.
The former child star returned to the limelight when he was sentenced Thursday in 5th Circuit Court after pleading guilty to second-degree theft.
The U-Turn for Christ program leader was caught falsifying documents to the state Department of Human Services to obtain medical assistance and food stamps, according to Deputy Prosecuting Attorney Lauren McDowell.
Kerwin was charged with one count of first-degree theft, one count of second-degree theft, and four counts of unsworn falsification to authorities. The guilty plea reduced the charges to one count of second-degree theft, a class C felony that could have landed him up to five years in prison.
McDowell asked Judge Randal Valenciano to give Kerwin five years felony probation, plus 90 days jail time.
Valenciano said the court understands applying for benefits is like “going through a maze.”
“Sometimes you may receive benefits when you shouldn’t, but you are encouraged to apply for them,” the judge said.
The state is in a position of controlling who should receive benefits, according to Valenciano. The solution, he said, would’ve been for the state not to give the benefits.
Valenciano sentenced Kerwin to five years probation, and gave him credit for the 90 days of time already served. Kerwin was also ordered to pay court fees related to his crime, and serve 300 hours of community service.
Kerwin will have to complete half of his community service by Dec. 30, 2011, and the other half by Dec. 30, 2012.
He said he has already paid $21,822 in restitution to the department.
“I’m sorry,” Kerwin said in the courtroom prior to the sentencing. “The last thing I want to do is to make a statement to minimize what I have done.”
His actions affected the community, his fellow church members and his children, he said, adding that he hopes his punishment can have a positive effect in his life.
Kerwin’s wife, Yvonne Kerwin, 28, requested a deferred acceptance of guilty plea for second-degree theft and two counts of unsworn falsification to authorities. She left court with a clean record, which will stay as such if she doesn’t re-offend. She will also have to pay crime victim compensation fees and complete 300 hours of community service.
Valenciano said regardless of Lance Kerwin’s “good work,” he had a prior history with the law, which weighed in the sentence.
The couple will also have to seek and maintain full-time employment, according to the sentence.
Kerwin’s attorney, Craig De Costa, said he was pleased with the outcome.
“What the judge said was basically how we felt about the case as well,” he said.
At the time Kerwin applied for the state benefits, he omitted in the application that he owned three properties in the Mainland, according to De Costa.
“There were a couple of questions that he did not provide full information to,” he said, adding that when the department found out about it, Kerwin ended up paying back more than what he received.
Kerwin, however, was still charged with a felony, because he received over $300 in benefits that he wasn’t entitled to.
Kerwin co-owns one of the properties with his brother, and has no control over it, according to De Costa. The other property has been foreclosed. Kerwin was receiving rental income from his third property at the time he applied for the benefits, but it was less than the mortgage. De Costa said Kerwin no longer owns that property.
“We think the judge was very reasonable,” De Costa said.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.
