Repeat offender gets prison term for drug offense

WAILUKU – A Kahului man was sentenced to a five-year prison term for possessing drugs and paraphernalia that were found when he ran from police officers two years ago.

As a repeat offender, Ricky Magsayo, 33, was ordered to serve at least one year and eight months of the term before being eligible for parole.

“I’m an addict. I made some bad decisions,” Magsayo said in court April 25.

He had pleaded no contest to third-degree promotion of a dangerous drug, possessing drug paraphernalia and third-degree promotion of a detrimental drug in connection with his arrest Oct. 26, 2011.

An all-points bulletin had been issued for Magsayo when a police officer saw Magsayo operating a white moped in Kahului at 4:40 p.m.

According to police, Magsayo passed a vehicle in front of him, laid down the moped and ran toward Papa Avenue, running through the yards of two residences. When police caught him, Magsayo said he ran because he knew there was a warrant for his arrest.

Magsayo said he got the moped from a friend who said it was stolen, according to police, who couldn’t confirm the theft. In the steering column of the moped, police reported finding a smoking pipe and plastic packets containing methamphetamine residue.

Second Circuit Judge Peter Cahill said Magsayo committed the offenses while he was on parole.

“This defendant has engaged in a repetitive pattern of conduct,” Cahill said. “At this point, Mr. Magsayo, as you realize, your addiction to drugs cannot serve as an excuse for repeated criminal conduct.”

While saying Magsayo’s acknowledgment of his addiction was positive, Cahill said the prison term was warranted “simply because we need to protect everybody else in society.”

Magsayo’s arrest in the case occurred two days after he ran from a police officer who saw Magsayo standing next to a blue moped in front of his residence on Honowai Street at about 1 a.m.

In a trial last month, Magsayo was found guilty of unauthorized control of a propelled vehicle for operating the moped, which had been stolen from Kihei earlier in the month.

Magsayo is scheduled to be sentenced June 18 in the moped theft case.