WAILUKU — A judge said a defendant’s “bizarre” lifestyle of petty thefts and trespassing had to stop, sentencing a man to a five-year prison term for habitual property crimes.

Lee Rogo, 70, was charged with the felony offense based on incidents of fourth-degree theft and second-degree criminal trespassing last year.

“The total theft here is $22 over two days, and nobody should go to prison for just stealing $22 worth of things,” 2nd Circuit Judge Peter Cahill said in sentencing Rogo on Tuesday. “But that’s not what the case is about. And that’s not the offense which has been charged here.

“He’s made a success at figuring out a way to use the system to his personal benefit in a way that the average sensible person would not want. But that’s what he wants to do in order for him to continue with his lifestyle.

“To say the least, it’s bizarre.”

Rogo has a criminal history of convictions for 130 petty misdemeanor and 14 misdemeanor offenses, including 57 convictions for fourth-degree theft and 50 convictions for criminal trespassing, said Deputy Prosecutor Ryan Teshima.

He said the crimes typically involved Rogo going to a convenience store, gas station or restaurant.

“He’ll take a six-pack of beer or food,” Teshima said. “He’ll go outside, eat it or drink it, and wait for the cops to arrive. Then he gets his free room and board at (Maui Community Correctional Center).

“He said so himself. He likes jail. He never thought of escaping from prison or jail.”

In a report prepared for his sentencing, Rogo said: “In some regard, I like it here. Bottom bunk, free food, no rent. . . . Who could ask for anything more?”

Teshima said Rogo “was using the jail as a hotel.”

After being arrested and taken to District Court, Rogo would immediately want to plead guilty and ask to be sentenced to the maximum 30 days in jail for a petty misdemeanor crime, Teshima said. The prosecution would ask that Rogo be given credit for time he served and be released from jail, he said.

“Then we started getting calls from these establishments,” Teshima said.

Callers would say, “He was just arrested yesterday. He’s back here again, stealing beer,” Teshima said.

In the arrests last year, Rogo left Koho’s Grill & Bar in Kahului without paying his $22 bill and stole a beer when he entered the Chevron in Lahaina after being repeatedly told to stay away, Teshima said.

Rogo had pleaded no contest to habitual property crime.

The felony charge can be brought against someone arrested for an offense who has convictions within 10 years for any combination of two felonies or misdemeanors; any combination of one felony or one misdemeanor and one petty misdemeanor; or three petty misdemeanors.

“If anybody fits the definition of habitual property crime perpetrator, it’s Mr. Rogo,” Teshima said.

Under the law, someone convicted of habitual property crime must be sentenced to either one year in jail as part of five years’ probation or a five-year prison term.

Teshima recommended the five-year prison term for Rogo.

“He hasn’t changed his ways,” Teshima said. “We ask that he not burden this community anymore.”

Deputy Public Defender Heather Brown asked for probation for Rogo, describing him as a college-educated graphic designer who had been a successful business owner.

Rogo’s sister reported that he fell in love with Hawaii during a family vacation decades ago and, in 1970, packed up his Volkswagen van and moved first to Oahu, then Maui, Brown said.

She said it was closer to 2000 that he began showing up in the court system.

“It’s a very impressive substantial string of crimes,” Brown said. “However, it just doesn’t feel right” to sentence Rogo to prison.

“He’s still going to be five years older with nowhere to go, no one to help him or probation to break this really bizarre cycle he’s been on of jail, the shelter and the streets,” Brown said. “We would ask you to consider the man and not just his record.”

In imposing the prison term, Cahill noted that Rogo “has been a success at being a petty thief,” always stealing items worth less than the $100 limit for the crime.

“He hasn’t worked since 1989. He’s been retired since age 42. He’s had no visible means of support,” Cahill said. “In plain English, he’s a child of the ’60s. When does he come to being an adult?

“This is just bizarre,” Cahill said. “It just needs to stop.”

Cahill said it appeared Rogo didn’t want to change, and merchants in town needed to be considered. “At some point we got to look at them and say it’s our responsibility to protect them,” Cahill said.

“This isn’t three strikes. It’s over 100,” Cahill said. “At some point, the game needs to end.”

Rogo was given credit for more than six months he has already spent in jail.

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