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Judge skeptical but gives ‘last chance’

WAILUKU — While following a plea agreement to give a man a “last chance” on probation, a judge said the defendant faced a challenge to succeed.

“I don’t think you’re going to make it on probation. I don’t say this often because I don’t see this often,” 2nd Circuit Judge Richard Bissen told Danis Franco. “I don’t think you have it in you. I say that as a challenge.

“I think you can do time standing on your head. It’s hard for you to live in the community.”

According to the Hawaii Criminal Justice Data Center, Franco has 21 prior convictions dating to 1996 for crimes including abuse, unauthorized control of a propelled vehicle, unauthorized entry into a motor vehicle, driving without a license, second-degree terroristic threatening and fourth-degree criminal property damage.

In September 2006 and April 2012, he was sentenced to five-year prison terms for unauthorized control of a propelled vehicle.

At his sentencing Sept. 14, Franco, 41, of Haiku was ordered to serve a one-year jail term and to pay $200 in fines as part of four years’ probation.

In two criminal cases, Franco had pleaded no contest to unauthorized control of a propelled vehicle, disobedience to a police officer, reckless driving, leaving the scene of a crash involving damage to a vehicle or property, two counts of third-degree promotion of a dangerous drug, third-degree promotion of a detrimental drug, two counts of possessing drug paraphernalia and possession of a butterfly knife. The crimes occurred Aug. 26 to 29, 2017, according to court records.

Franco, who has a history of drug abuse since his teenage years, appeared to be trying to make changes in his life, said Deputy Prosecutor Shelly Miyashiro.

“This is the defendant’s one last chance,” Miyashiro said.

Deputy Public Defender Tyler Stevenson said Franco had been in contact with Pastor Greg Dela Cruz, who runs a halfway house that has helped recovering addicts through Living Way Church in Happy Valley.

“He holds them accountable,” Stevenson said.

Judge Bissen said Franco had graduated from the Maui Drug Court program of intensive treatment and supervision in 2004 — “a huge accomplishment.”

“But since that time, you’ve gone to prison twice,” the judge told Franco. “If Drug Court can’t turn it around, we don’t have any other alternative.

“I think this is a case for Pastor Greg’s boss to get involved. That’s how serious I think your situation is.”

About six months after Franco was released from his last prison sentence, he was again committing crimes, Bissen said.

“As soon as you get out, there you go again.” the judge told Franco. “You run from the police. You don’t want to get caught. You’re running hard out there. I don’t know if you know how to handle being out, being in society.

“You have not changed. After graduating from Drug Court, after pulling prison time, you’re the same guy you were before.”

Bissen said he was following the plea deal recommending probation for Franco “to honor the agreement and give you that last chance.”

Franco said he appreciated the judge’s feedback.

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

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