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WAILUKU -- Even though a Kahului man said he didn't receive any of the cash and property stolen in a burglary, a judge said the defendant was just as responsible for the crime as his co-defendant cousin.
"You need to understand something," 2nd Circuit Judge Peter Cahill told Jim Bryan Agtagma at his sentencing Dec. 20. "You are as responsible as he is for this, whether you got anything or not."
Cahill said he was "somewhat reluctantly" granting Agtagma's request for a chance to keep felony convictions off his record.
Agtagma, 21, had pleaded no contest to first-degree burglary and two counts of second-degree theft.
Agtagma has no prior felony convictions and obtained the equivalent of a high school diploma, said his attorney Michelle Drewyer.
"He just needs to get a different mindset and take control over his own life," Drewyer said.
Deputy Prosecutor Ryan Teshima said Agtagma didn't appear to have taken responsibility for the crimes.
The burglary occurred Feb. 22 on Molokai Akau Street in Kahului.
Cahill noted that a pigeon worth $1,500 was stolen.
"It wasn't me," Agtagma said. "Yeah, I was there, but I didn't take it."
"But you were there to help?" Cahill asked.
"I was just there with him," Agtagma replied.
"Well, then you did do it," Cahill told Agtagma. "If you go to rob a bank and you sit in the getaway car and the guy goes into the bank and shoots three people . . . you don't get a free pass for that."
When the judge asked what happened to the cash and property stolen in the burglary, Agtagma said he didn't know.
Agtagma said he was there, "but I didn't get any of that stuff."
Cahill followed a plea agreement in sentencing Agtagma, noting he had shown up for every court appearance.
Agtagma was given credit for eight days he previously spent in jail and was placed on four years' probation. He was ordered not to consume alcohol or illegal drugs and not to be with people using such substances.
Although a presentence report recommended that only $3,000 in restitution be ordered, Cahill ordered payment of $9,119 -- the full amount requested. While only the cash was documented in a police report on the burglary, other losses were discovered later and documented by the victims, Cahill said.
Co-defendant Aerone Reyes, 25, of Kahului has pending cases, including ones for three other burglaries.
• Lila Fujimoto can be reached at lfujimoto@mauinews.com.