Rivera gets mandatory sentence for burglary

Jonathan Waipuna Rivera, 35, of Kapa’a, was handed a mandatory minimum sentence Monday on two charges of second-degree burglary and second-degree theft by Fifth Circuit Court Judge Clifford Nakea.

Rivera also faces jail time in Colorado for similar charges, but will serve concurrent sentences of three years and four months, and up to five years, for each conviction at the Kauai Community Correctional Center.

In early March, Rivera was charged with two counts of burglary; two counts of theft; two counts of criminal property damage; two counts of promoting detrimental drugs; and one count of possession of drug paraphernalia in connection with his illegal entry of the Surf & Turf Cafe in Kapa’a and A Touch of Elegance Salon in Lihu’e.

Due to a plea agreement, all the original charges except second-degree burglary and second-degree theft were dropped.

In Colorado, Rivera had been convicted of two separate burglaries, an escape and a felony drug charge, said Craig DeCosta, county first deputy prosecuting attorney. According to public defender Edmund Acoba, Rivera apparently violated his parole in Colorado and later came to Kaua’i. DeCosta said he is still awaiting information from law enforcement officials in Oregon regarding an outstanding warrant.

Acoba said he expects Rivera to be paroled due to overcrowding at KCCC. When that happens, KCCC will have to work with Colorado to see when they can take him, Acoba added. Rivera will meet with the parole board in August, Acoba said.

Rivera waived his opportunity to have a pre-sentence investigation, which would have allowed Judge Nakea to hear information about the defendant from the prosecutor, defendant and other outside sources. Acoba said Rivera waived the PI option because he said he knew he’d be facing a mandatory sentence and wanted to get on with his life.