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Man gets 20 years after fleeing Maui Drug Court

WAILUKU — A man who fled from the Maui Drug Court program of treatment and supervision was sentenced Thursday to consecutive prison terms totaling 20 years for burglary, theft and drug offenses in 12 criminal cases.

Shane Kirby, 43, also was ordered to pay restitution totaling nearly $194,000.

“It’s unfortunate it did not work out the way everyone had hoped,” 2nd Circuit Judge Joseph Cardoza said in sentencing Kirby.

But Cardoza said Kirby would decide his future.

“Right now, you’ve created a route that takes you back to choices that didn’t work out for you,” Cardoza said. “The good news is these are things that are ultimately the product of your decisions. Your decision-making will determine what happens. It gives you ultimate control over what happens. You have the ability to decide your own fate.”

Despite a criminal history dating to 1993 with convictions for first-degree burglary, forgery, theft, prohibited possession of a firearm and second-degree promotion of a dangerous drug, Kirby was given a chance to participate in the Drug Court program for crimes committed from 2011 to 2013, said Deputy Prosecutor Mark Simonds.

“When times got tough, he ran from the program,” Simonds said.

Kirby was extradited back to Maui from Nevada, he said.

Defense attorney Cary Virtue said the death of Kirby’s mother was “a huge blow to Shane.”

“He fell out of Drug Court, went to Las Vegas, really spiraled downward and hit bottom,” Virtue said.

He asked for concurrent prison terms totaling 10 years for Kirby, who had asked if he could re-enter Drug Court.

“His heart’s in the right place. He really does want to do drug treatment,” Virtue said.

Simonds recommended the consecutive sentencing totaling 20 years, noting that Kirby had been in possession of dealer amounts, packaged for distribution, of oxycodone and methamphetamine.

In another case, numerous firearms were taken in the burglary of a Kula home, Simonds said. “Those firearms, to this day, are unaccounted for,” Simonds said. “It’s hard to believe Mr. Kirby acted alone.”

Only Kirby and his then-girlfriend were prosecuted for the crimes, Simonds said.

“There’s a strong interest in protecting the community from further crimes of the defendant,” Simonds said.

In his 12 cases, Kirby was found guilty of two counts of second-degree promotion of a dangerous drug, third-degree promotion of a dangerous drug, three counts of possessing drug paraphernalia, second-degree promotion of a detrimental drug, five counts of unauthorized control of a propelled vehicle, two counts of attempted second-degree theft, fourth-degree arson, six counts of first-degree burglary, 16 counts of first-degree theft, second-degree criminal property damage, defacing a serial number, 10 counts of second-degree theft, three counts of unauthorized possession of confidential personal information, two counts of third-degree theft, six counts of second-degree burglary, eight counts of fourth-degree criminal property damage, three counts of fourth-degree theft, first-degree unauthorized entry into a motor vehicle and credit card theft.

In court Thursday, Kirby said he wanted to apologize to the victims.

“Taking drugs, I never considered other people’s feelings, other people’s rights, including my loved ones,” he said. “I learned all those lessons not too long ago when my mom died. It’s the first time I felt loss like that.

“I was able to put myself in other people’s shoes. I carry tremendous amount of guilt over the things I have done. I caused a lot of pain. It’s something I feel very deeply. I deserve to go to prison.”

Before she died, “my mom was so happy,” Kirby said. “She had both her sons home from prison. We were clean. We were happy.”

“When she died, I was suicidal,” he said. “I wanted to die. I had to get away. I left my wife behind.”

He said he was “extremely blessed” to have been in Drug Court and wanted the chance to go back.

Virtue said Kirby could ask the parole board whether he might be allowed to seek readmission to Drug Court.

“It is not my intent to throw the key away,” Judge Cardoza said in sentencing Kirby. “I’m hoping what it will do is provide part of the equation that leads to success.”

In the last six months, Cardoza said he had spoken with two people who were sentenced to consecutive prison terms and have been back in the community doing well for a while.

“Interestingly enough, they said that the consecutive sentencing actually helped them get everything in focus in their life, helped them realize it’s time to fish or cut bait,” he said.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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