LIHU‘E — At least for now, Eric Bailey has dodged a potential multiple-decade prison sentence after pleading guilty to systematically stealing cash from the gas station he managed. Fifth Circuit Judge Kathleen Watanabe on Wednesday sentenced Bailey to a year
LIHU‘E — At least for now, Eric Bailey has dodged a potential multiple-decade prison sentence after pleading guilty to systematically stealing cash from the gas station he managed.
Fifth Circuit Judge Kathleen Watanabe on Wednesday sentenced Bailey to a year in prison with credit for the 200-plus days he’s already served, plus five years probation, after Bailey in December pleaded guilty to two felony theft counts and several counts of falsifying business records, a misdemeanor.
Watanabe had the option of doubling maximum terms because of the multiple-felony conviction, meaning Bailey could have faced over 20 years of prison time.
He was also ordered to pay back over $21,000 to his former employer.
Bailey, 36, had a Las Vegas address when he was arrested on the various charges in August of last year, after he was apprehended in Sonoma, Calif. in July 2009 on suspicion that, as a manager at Koloa Chevron, he allegedly stole over $20,000 over a four-month period in 2007.
The amounts taken averaged around $1,244 per week, said Chris Donahoe, county deputy prosecuting attorney.
“Stress, depression, booze and drugs” combined to lead Bailey to steal from his employer, said Warren Perry, Bailey’s attorney. “That’s what happened to my client.”
Watanabe ordered Bailey to pay back over $21,000 to his former employer, Lahaina Petroleum, parent company of Koloa Chevron.
“I don’t have the words to express the shame and remorse I feel for my actions,” said Bailey, adding he wanted to face his consequences, get out of prison and take care of his family.
Donahoe said Bailey “violated a level of trust and took advantage of that trust,” and that the continual thefts showed sophistication in Bailey’s ability to manipulate the system to allow the thefts to continue for four months.
Donahoe objected to probation.
Watanabe totaled the two class C felonies that are the theft charges, and the remaining 62 misdemeanors for falsifying business records (down from 103 as originally charged), and warned Bailey he faced the potential of over 20 years in prison because of the multiple felonies.
“Basically you took advantage of your position as manager of Koloa Chevron to steal,” said Watanabe, adding that if she sentenced him to a long prison term the court wouldn’t have any hold on him, as the state parole board determines lengths of incarceration.
Probation allows for some judicial control, for Bailey to begin making restitution payments, and for “onerous conditions” of probation that if unmet will land Bailey before the judge again, she said.
She ordered Bailey to complete 500 hours of community service, submit to drug and alcohol testing, and attend substance-abuse evaluation and treatment as recommended by his probation officer.
Watanabe warned Bailey that she could sentence him to 20 years or longer in prison if he’s back before her.
