LIHUE — A 19-year-old Hanapepe man was sentenced to jail and probation on Wednesday for stealing an iPad.
Dawlson Aguirre was sentenced on a felony theft charge in a 5th Circuit courtroom. Aguirre’s motion for deferral was also denied.
He received four years probation and a 90-day jail sentence, including credit for the 59 days already served.
“I couldn’t live with my conscience,” Aguirre said to the judge. “It was a sin that I’ve committed against my father in heaven and I want to atone for my sins.”
Judge Kathleen Watanabe said the man had been given multiple opportunities to make appointments with his probation officer.
“There is no excuse,”Aguirre said to the judge.
Aguirre said he was doing his best to get involved in the community by going to church every week and applying to Kauai Community College, even if it was late in the semester.
Public Defender Stephanie Sato said the defendant’s only previous offense was a petty misdemeanor.
But Deputy Prosecuting Attorney Ginger Grinpas said he had too many chances, and there had been no effort made on his part to meet with probation officers. She said if he wasn’t able to make initial meetings with a probation officer, then he wouldn’t be able to comply with probation restriction.
“The state is asking that the deferral be denied,” she said.
Grinpas did not request additional jail time, but did argue that the judge consider the defendant for HOPE (Hawaii’s Opportunity Probation with Enforcement) probation.
Sato argued that HOPE probation was for “high-risk individuals.”
“At this point, it’s too premature (because) it’s a much stricter form of probation,” she said.
On Feb. 20, Aguirre went inside a store and stole an iPad. Sato said it was something he did “on a whim.” Aguirre was immediately caught, according to court testimony.
In January, Aguirre was convicted of a petty misdemeanor for criminal trespass.
“He has no big convictions.(I’m disappointed) he will be considered a felon,” Sato said. “This will hinder his ability to get a job.”
As Watanabe delivered the sentence in courtroom six, a power outage disrupted the proceedings.
“Everyone stay where you are,” Watanabe said.
Public defenders, sheriffs’ officers, deputy prosecuting attorneys and people watching from the galley gasped in shock.
The defendant was escorted out of the room as Circuit Court Baliff Lee Jeal pointed a flashlight toward the exits.
Fifteen minutes later, the lights were back on and the sentencing resumed.