LIHU‘E — A charter boat employee who stole from his boss for being left out of a fishing trip will spend a year in jail.
Joseph Napua Balai-Martin, 45, of Anahola, was in 5th Circuit Court Wednesday for sentencing, after he pleaded guilty to second-degree theft on March 12. The state agreed to drop charges of first-degree unauthorized entry and fourth-degree criminal property damage.
State Deputy Public Defender Christian Enright said Balai-Martin was very upset about not being on the Sept. 1, 2011 charter. He said the defendant is remorseful and regrets making a foolish decision to take it out on his boss by breaking a truck window and stealing.
Part of the agreement was to agree to $1,274.88 in restitution to his former employer, in addition taking anger management classes and undergoing a substance abuse evaluation.
County Deputy Prosecuting Attorney Rebecca Vogt said the victim was disappointed that an employee and a friend would do this. He was trying to help him, Vogt said.
Judge Kathleen N. A. Watanabe said Balai-Martin should be ashamed for stealing from the hand that helps to feed him and his family. She said it was her first impression based on his past criminal record from 1983 to 2003 to sentence him to the full five-year term.
After noting that Balai-Martin has not been arrested since 2003, and that he agreed to restitution, Watanabe said she would honor the plea deal and sentenced him to the maximum one-year jail allowable for a five-year probation.
He will get credit for time served.
That is still getting a break, Watanabe said. She cautioned that missed payments or failing the other terms of probation, could cause the prosecutor to motion for revocation and that she would not hesitate to sentence him to the full five-year prison term.