Koloa man gets probation

LIHU‘E — A Koloa man accepted a plea deal, but contends his only mistake was not calling the police when he became an unwilling participant in a drug deal.

Edgar Viloria Udarbe, 42, was sentenced to five years’ probation, 200 hours of community service and was given a $1,000 drug reduction assessment fee in 5th Circuit Court on Wednesday.

Udarbe, represented by state public defender Rosa Flores, said he was trying to get payment for a truck he sold to a friend when he was handed a plastic bag containing drugs. He gave it back, asking that his friend pay small monthly installments, instead, but an undercover police officer saw it as a transaction, Udarbe said.

Judge Kathleen Watanabe of the 5th Circuit said reports on Udarbe from his employers say he is an excellent worker, and a good father and husband. She said he needs to avoid people who take advantage of him.

Udarbe pleaded no contest to third-degree promotion of a dangerous drug on Sept. 26, and said it was to avoid putting his family through a trial. He said he does not use or sell drugs.

Flores said that a police search of Udarbe’s home turned up nothing consistent with a drug user or dealer.

County Deputy Prosecuting Attorney John Murphy represented the state. He said the state was not asking for jail time, and that probation and community service were appropriate.

Udarbe was arrested Dec. 14, 2010, for two counts of second-degree methamphetamine trafficking and possession with intent to use drug paraphernalia. The trafficking charges were dropped, but the motion to accept deferral of a no contest plea was denied because he already benefited from a dismissed misdemeanor charge 17 years ago.

Watanabe made it a condition of probation not to associate with known drug dealers, users or others who would be a threat to violating the terms and conditions of his probation.