Man accused in stranger danger case gets 1 year

Judge orders more jail time than recommended

WAILUKU -- Although the defense and prosecution recommended no additional incarceration, a judge Wednesday ordered the maximum one-year jail term for a man who was arrested for trying to lure Kihei schoolgirls into a car last year.

"You're exactly the kind of reason why we teach our kids about stranger danger in schools," 2nd Circuit Judge Rhonda Loo said in sentencing Edward J. Martin. "Thank goodness these girls were smart enough not to get into your car."

Police said Martin was in the front passenger seat of a black 1994 Mercedes two-door coupe that approached an 11-year-old girl walking toward the school bus stop at Aliilani Place and Kenolio Road at 7:15 a.m. Sept. 19.

Martin reportedly told the girl to go with him and co-defendant Michael Evangelista, who was driving the car that had shattered windows.

The girl walked faster to meet another girl, and the car continued following slowly as the girls walked to the bus stop, according to police. A third girl joined the two girls.

When they reached the bus stop, where a parent was waiting with her child, the car left, police said.

Originally charged with three counts of attempted kidnapping, Martin, 40, had pleaded no contest to a single reduced charge of second-degree attempted custodial interference.

Deputy Public Defender Ben Lowenthal said it was a "hotly disputed fact" whether the conversation between the defendants and the girls occurred.

Both Martin and Evangelista told police they had been looking for a house on the block that morning, Lowenthal said.

"They had slowed down and they couldn't find it," he said.

Lowenthal said Martin wasn't admitting guilt but pleaded no contest to the reduced charge rather than going to trial and risking convictions that could result in a 60-year prison sentence.

A trial also would have required the girls to testify and be cross-examined, Lowenthal said.

He said Martin is a parent with an 8-year-old girl.

"The accusation and the version conveyed by the children that morning is indeed scary," Lowenthal said. "This is a great fear that parents have. It did cause a great deal of concern in the community, particularly in Kihei schools."

Speaking in court Wednesday, the father of one girl said what happened has affected his family "emotionally, physically, mentally, especially for my daughter."

"She no longer can sleep in her room," he said. "She can't even go to school without her mom."

He said his daughter had been allowed to go to school on the bus that day because his wife had an appointment.

"Just one day it happened and it changed her life and our life forever," the father said.

"I hope it doesn't happen with your daughter," he said to Martin. "You have put us in a hole, buried us in a hole."

The father said he also wonders about what could have happened.

"Where is 'Maui no ka oi?' now?'' he asked. "Children no longer have freedom to walk on the road. I see already kids being scared, parents being scared with all this happening."

When he was arrested, Martin was on felony probation for two counts each of felony abuse of a family member and first-degree criminal property damage, as well as first-degree assault against a law enforcement officer.

Last month, his probation was revoked, and he was resentenced to a 10-year prison term. Lowenthal said Martin was asking for a reconsideration of the sentence.

Speaking in court Wednesday, Martin acknowledged his criminal history.

"I do have a past, but I never would be involved in any sort of incident like this whatsoever," he said. "I'm a very proud father."

In sentencing Martin, Judge Loo referred to police reports that Martin had asked one girl to get into the car, saying, "Come with us, your mom and dad are with us."

Martin also reportedly asked a girl whether she needed a ride.

He also was heard saying, "There's a parent, let's go" before the car left the area.

"Talk about scary for three little 11-year-olds, minding their own business, just trying to get to school that day," Loo said. "And this is what happens. They were scared about what could have happened."

In the car, police reported finding a knife between the console and driver's seat, as well as another X-Acto knife, zip ties and a tie-down.

"I'm not saying you were going to use those," Loo told Martin. But she said most people don't carry such items in their vehicles.

Probably because their parents had told them, the girls were smart enough not to get into the car and to tell a school resource officer at Lokelani Intermediate School, Loo said.

"The court cannot forgive the kind of behavior that happened in this incident," she said. "Maui used to be no ka oi. Maui's turning into a scary place where things like this happen."

Co-defendant Evangelista, 46, is awaiting sentencing after also pleading no contest to second-degree attempted custodial interference.

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