Cook pleads guilty to burglary charge, faces up to 50 years

LIHU‘E — Li‘i Kaimana Damon Jack Cook on Monday morning pleaded guilty to one count of first-degree burglary and was found guilty of various other charges in four separate cases.

Fifth Circuit Judge Randal Valenciano found him guilty of multiple felonies, meaning the judge could sentence Cook to up to 50 years in prison with the his ability to double sentences where multiple felony convictions occur.

Cook’s sentencing has been scheduled for May 27 before Valenciano, after Monday’s change of plea. Cook originally pleaded not guilty to all charges, and had requested jury trials through court-appointed attorney Craig De Costa.

On Monday, Cook, 25, was found guilty of second-degree theft, second-degree burglary and unauthorized entry into a motor vehicle in three other cases dating back to early November of last year.

In exchange for his guilty plea in the burglary case, and no-contest pleas in the other three cases, several other charges were dropped. Prosecutors agreed not to prosecute Cook in 10 other cases, Valenciano reciting the various Kaua‘i police reports associated with those cases.

The first-degree burglary charge is a class B felony that carries a maximum sentence of 10 years in prison and a maximum fine of $25,000.

Cook said on Dec. 27 he entered a Waimea home with another individual knowing that other person was going to take items belonging to another person.

His bail in that case is $50,000, though Valenciano ordered a bail study.

Valenciano found Cook guilty of the single counts in the other three cases, all class C felonies punishable by maximum terms of five years in prison and fines of up to $10,000.

In the case he pleaded guilty to, Cook was charged with first-degree burglary, two counts of first-degree theft, and firearms charges for prohibited possession of a firearm and keeping an unloaded firearm in a place illegal to keep such weapons.

In another case, he was charged with unauthorized entry into a motor vehicle, two counts of credit-card theft and second-degree theft, and in a third case he was charged with two counts of second-degree theft, second-degree burglary, unauthorized control of a propelled vehicle and identity theft.

In the fourth of four cases before Valenciano on Monday, Cook was charged with two counts of second-degree burglary and two counts of second-degree theft, with co-defendants Chelsie Malie Banasihan and Brad Kubisch.

Lauren McDowell, county deputy prosecuting attorney, represented the state.

Kubisch, Nardin

plead not guilty

Kubisch was also in court on Monday before Valenciano. He is charged with co-defendant Kimo Nardin with three counts of credit-card fraud, credit-card theft, second-degree theft, identity theft, attempted second-degree theft and two counts of second-degree theft.

Both Nardin and Kubisch pleaded not guilty to the charges, and asked for a jury trial.

In court before Valenciano last week as well was Banasihan, the subject of five separate cases.

On Feb. 23 Banasihan, who like Cook and Kubisch are currently at the Kaua‘i Community Correctional Center in Wailua, appeared for arraignment and plea on charges of third-degree promotion of a dangerous drug, unlawful use of or possession with intent to use drug paraphernalia, and driving without a license.   

“Which case is this?” Banasihan asked.

“Fair question,” Valenciano said.

Through Rosa Flores, her court-appointed attorney, Banasihan pleaded not guilty to the charges and requested a jury trial, which has been scheduled for May 3.

Earlier, Banasihan pleaded not guilty and requested a jury trial in the case involving Cook and Kubisch, and in cases where she alone is named for first-degree burglary, third-degree assault, second-degree terroristic threatening, second-degree theft, unauthorized control of a propelled vehicle and driving without a license.

Jury trials in these other cases have been set for April 5 and April 19, court records show.

• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.