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Man sentenced to over 17 years in prison for burglaries

Crimes committed a day apart, violate order to stay away

RAFAEL ARROYO – Plans appeal

WAILUKU — Saying a defendant had the potential for violence and was a danger to the public, a judge Thursday ordered consecutive prison terms totaling 17¢ years for a man convicted of twice burglarizing his former girlfriend’s home.

Rafael Arroyo, 47, of Kula was found guilty of committing the burglaries May 29 and 31, 2015.

At the time, Arroyo had been ordered to stay away from the woman’s residence as part of being released on bail in a felony abuse case.

When he went to the rented Kula home in the late afternoon of May 29, 2015, Arroyo forced his way in after Jannelle Sealey told him to leave, she testified. She ran into her bedroom and locked the door, but Arroyo jiggled the door open and punched her twice, knocking her unconscious, she said.

Two days later, in the early morning of May 31, police had escorted Sealey home from the Maui Memorial Medical Center emergency room when officers found Arroyo in her bed with a socket wrench next to him.

Second Circuit Judge Peter Cahill said it was fortunate for both Sealey and Arroyo that he hadn’t carried out his intention that night. If he had, he might be facing a more serious charge with a punishment of life in prison, Cahill said.

Speaking in court Thursday, Sealey said Arroyo had threatened to stab and kill her, then kill himself if police showed up.

“There were many instances of violence and acts of torture,” she said. “It was not unusual for him to physically abuse me or mentally torture me.”

She said she is still so terrorized that she sleeps with Mace and a knife next to her bed.

“What I don’t understand is how he could have done the sick and evil and tortuous acts of violence against me without any mercy, and yet today he wants your mercy,” she said in court. “Where was the mercy when I needed it? It seems unfair to me that the defendant expects not to be punished adequately for his actions.”

In asking that Arroyo be sentenced to consecutive prison terms totaling 20 years, Deputy Prosecutor Emlyn Higa said concurrent sentencing wouldn’t be enough.

“It’s going to take a consecutive term in order to mete out justice,” Higa said. “That is what’s necessary for just punishment in this case.”

To find Arroyo guilty of first-degree burglary, the jury had to find that he entered Sealey’s home with the intent of committing a crime against a person, indicating the jury inferred that the socket wrench was there as a weapon, Higa said.

He commended officer Bethany Cravalho-Parker for urging Sealey, who was reluctant while at the emergency room that night, to tell police about what was happening.

“She was very patient, she was very understanding,” Higa said.

He said Arroyo’s criminal record includes a 1991 conviction for distributing Class A substances in Massachusetts. Arroyo also has later convictions in Massachusetts for armed robbery and breaking and entering to commit a felony, Higa said.

Both Arroyo and his attorney, John Parker, said the defendant wasn’t convicted of violent crimes in his trial.

Parker asked that Arroyo be sentenced to concurrent prison terms for a total of 10 years.

But Arroyo said, “I didn’t want to ask the court for any leniency. I’m going to appeal this.”

Referring to the defense contention that burglary was a property crime, Judge Cahill said, “No, it’s not.”

Noting that the jury found Arroyo had entered the dwelling without permission with the intent to commit a crime against a person, Cahill said, “I find this to be an extremely serious offense.”

“The defendant does have the potential to commit violent crimes,” Cahill said. “He does pose a danger and hazard to the public and most specifically to Ms. Sealey and potentially her family.”

He said Arroyo had to be sent to prison to promote respect for the law and to provide just punishment. Such a sentence would deter criminal conduct, not only for Arroyo but “others who become aware of these types of sentences,” Cahill said.

For a Class B felony conviction, the law provides for a sentence of 10 years or less but no less than five years, Cahill said. He said he was imposing a prison sentence of seven years and six months for the May 29 burglary and 10 years for the May 31 burglary, with the prison terms running consecutively.

“The distinction is because the defendant went back and did it again, and that warrants a higher sentence,” Cahill said.

Arroyo was given credit for nearly three years and two months he has spent in custody.

According to court records, Arroyo is charged with felony abuse in another pending case.

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

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