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Plea deal helps man avoid mandatory-minimum sentence

Derik Sterling

WAILUKU — A 37-year-old man who is wanted in Washington for burglary was sentenced Wednesday to six months in jail and ordered to pay nearly $1,000 in restitution after a series of thefts from Maui businesses earlier this year.

Derik Wayne Sterling, also known as Wesley Stephenson and Kyle William Osborn, pleaded no contest to three counts of second-degree theft, two counts of third-degree theft and first-degree unauthorized entry into a motor vehicle. Sterling avoided a mandatory-minimum prison sentence for his crimes when attorneys already had reached a plea agreement before discovering the warrant for his arrest.

“He needs to know that of all the people to come before the court, you are the least deserving of a break when I look at your record and I look at your conduct,” 2nd Circuit Judge Richard Bissen told Sterling. “However, you struck a deal, and I’m going to honor the deal that you made because I’m guessing your attorney worked very hard for this.”

Sterling also was given four years’ probation and ordered to serve 200 hours of community service.

He was first arrested Jan. 12 when a Wailuku patrol officer stopped a silver Dodge van he was driving on Hana Highway near the Old Kahului Railroad Building, police said. The officer was aware the van was involved in several ongoing investigations.

One theft occurred after a man parked his work truck in the Target store parking lot on Jan. 3, only to return about an hour later to find two toolboxes had been taken from the bed, police said. The toolboxes had an estimated value of $3,775.

Store surveillance video showed a silver Dodge van had parked next to the work truck, and the driver had removed the toolboxes before driving off, police said.

On Jan. 8, a man left the Pukalani Ace Hardware store without paying for $377 in merchandise, including a 36-inch bolt cutter, police said. Surveillance footage showed the same suspect and same van involved in the Target theft.

On the same day, the theft of a $3,500 Kona mountain bike was reported at Krank Cycles in Makawao, police said. A cable lock was cut to steal the bike and a van was seen matching the description of the one involved in the earlier two thefts.

Another theft occurred between Jan. 11 and 12 when a padlock was cut and $1,350 in tools was stolen from a construction site on Ala Makani Street in Kahului, police said. A black-and-red Ace Hardware bolt cutter was found at the scene.

The mountain bike was recovered from First National Pawn, where Sterling had sold it Jan. 8, police said.

Deputy Prosecutor Kerry Glen said prosecutors were giving Sterling a chance at probation because the crimes were the result of a “serious drug and alcohol issue.” She said he has performed acceptably during his supervised release, which is a “good indicator” of how someone will perform on probation.

“We’re hopeful that he’ll take advantage of this opportunity and choose to succeed,” Glen said.

Defense attorney Jake Lowenthal said Sterling’s life took a turn after his wife died in January 2015. He said his client had owned a successful roofing company in Washington and was a loving father, son, grandson and husband.

“When his wife passed it sent Mr. Sterling on a path — in his words, ‘a suicidal path,’ ” Lowenthal said. “He didn’t care about the consequences and he had no real reason in his mind to continue on. He was looking forward to seeing his wife in heaven.”

Shortly after her passing, Sterling moved to Maui because he and his wife had “always dreamed of moving here,” Lowenthal said. Sterling began abusing his prescription medications that he had due to a work injury and later got involved with “the wrong kind of crowd,” he said.

Sterling, who had been granted supervised release, served six months in jail for his crimes. That time behind bars  rehabilitated him and allowed him to begin the grieving process for his wife, Lowenthal said. He acknowledged that his client has committed other crimes in the past, but said he has taken full responsibility for his actions.

“The good news is that he’s always made it right again, and he’s prepared to do the same here, too,” he said.

Sterling apologized to the victims and said his actions were “not acceptable,” but the result of the pain he was in from his wife’s death. His grandfather also died the year before.

“I’m not trying to make excuses for my actions and the choices I made . . . bad choices I made,” he said. “But I am asking for the opportunity to be placed on probation and go on from here.”

While Bissen understood the deaths in Sterling’s family, he asked for an explanation for his “three or four pages” of criminal records that happened before their deaths in Washington.

Lowenthal said Sterling, as owner of his company, got into “a lot of clashes politically.” He said those issues were mistakes on his part and had nothing to do with his grandfather or wife.

Bissen, however, read aloud the crimes Sterling had been convicted of including making false statements, driving with a suspended license, assaults, firearm possession, harassment, drug paraphernalia, resisting arrest, obstructing law enforcement, possessing stolen property and second-degree burglary — all of which are apparently misdemeanors in Washington.

“So that was all conflicts on the job?” Bissen asked.

“You want me to tell you why he came here? Because it’s right in here,” Bissen said pointing to Sterling’s record.

“From my understanding judge, Mr. Sterling came here because . . .” said Lowenthal.

“Because he has a warrant for his arrest there . . . They just won’t extradite him from Hawaii,” Bissen interrupted. “If he was in one of the bordering states, Idaho, Oregon, they would extradite him. That’s why he’s here counsel. Because if he was there he’d be arrested.”

According to the Grand County Sheriff’s Office and Moses Lake Police Department in Washington, a Derik Sterling with the same age was arrested last year on an outstanding burglary warrant. Authorities found “volumes” of stolen property totaling $50,000 that was stored inside a home and officers believed the recovery of the goods would clear several burglaries in the Moses Lake area.

Bissen said he discovered Sterling’s record after he granted him supervised release over a month ago.

“Wanted in the state he fled from and he comes here and becomes a serial thief in our own community,” he said. “And I say serial thief because he steals from everybody.”

Bissen ordered Sterling to report back to his courtroom every week on his job prospects to pay back his Maui victims.

“If that’s what it’s going to take to keep that fire under you, then that’s what we’ll have to do,” he said. “I’ve only done it for a couple cases, but this seems to be the prime case.”

* Chris Sugidono can be reached at csugidono@mauinews.com.

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