Judge admits error, sentences man to 30 years

Man had been given chance on probation for thefts

WAILUKU -- Saying he had been wrong to give a Makawao man a chance on probation three years ago, a judge sentenced the defendant Thursday to prison terms totaling 30 years for burglaries and theft.

"You're going to be sentenced today because you've committed new crimes that are essentially no different than the old crimes," 2nd Circuit Judge Peter Cahill said in ordering consecutive prison terms for Cody Amaral. "The only thing that's changed is the MO and the victims."

After stealing mainly from family members in his earlier cases, Amaral, 28, had transitioned to victimizing strangers and stealing a 2017 Subaru Impreza valued at more than $41,000 from the Servco Pacific lot in December 2016, Cahill said.

The new crimes occurred from October 2016 to January 2017, while Amaral was on probation for 2014 crimes including burglary, theft and being a felon in possession of firearms and ammunition. In October 2015, Amaral was sentenced to an 18-month jail term as part of five years' probation.

At that time, Cahill said he had agreed to follow a plea agreement recommending probation for Amaral, in part because he had agreed to enter the Maui Drug Court program of intensive treatment and supervision.

But Amaral didn't enter the program, Cahill said. He said Amaral also didn't help recover nearly $40,000 in historic military memorabilia he had stolen from an uncle.

The judge noted that Amaral's new crimes included stealing from an active-duty Navy member who was on the way to being deployed in the Middle East when her vacation rental was burglarized at Aina Nalu in Lahaina in January 2017.

"How horrible," Cahill said.

He said that Amaral, "instead of being in the military himself, decides to steal from her and her family."

In five criminal cases, Amaral had pleaded guilty to first-degree theft, third-degree promoting of a dangerous drug, unauthorized possession of confidential personal information, two counts of theft of a credit card, two counts of second-degree theft, two counts of first-degree burglary, unauthorized control of a propelled vehicle and second-degree burglary.

Amaral said he broke into a home on Mikiola Street in Makawao in an October 2016 burglary that was disrupted when a resident came home. He admitted to stealing a Toyota Tacoma in January 2017 and said he gave the vehicle to someone.

Also in January 2017, Amaral said he broke down the door to Hot Spot Video in Wailuku to steal darts.

The more recent crimes occurred less than a year after Amaral had been placed on probation, said Deputy Prosecutor Emlyn Higa.

While none of the crimes involve violence, "there are people behind every count who have suffered," Higa said.

He asked that Amaral be sentenced to prison terms totaling 30 years, the maximum that the prosecution could seek under a plea agreement.

"He has made this a serious situation because of just the sheer number of repetitive offenses he has committed," Higa said. "We have tried probation time and time again, and each time he has committed more crimes. There is no other way to protect the community from further crimes of this defendant except to restrain him, to have him incarcerated."

Defense attorney Gina Gormley argued for concurrent prison sentences totaling 10 years, which she said would allow Amaral to receive treatment and have a chance for work furlough.

"Anything beyond the 10 years is too harsh," Gormley said.

She said Amaral had taken the judge seriously in 2015 when he said he would sentence Amaral to consecutive prison terms if he didn't comply with requirements of his probation.

"He had every intent of succeeding on probation, but he failed and he failed miserably," Gormley said.

"He's an addict," she said. "He's been using drugs for over 10 years and he's also been in the court system for just as long if not longer."

She said Amaral's addiction, primarily to oxycodone, started when he suffered a serious injury in high school, went through numerous surgeries and was prescribed painkillers.

Speaking in court, Amaral apologized to his family and victims.

"I made a lot of mistakes in my life, but not taking your words seriously is one of my biggest regrets," he said to the judge.

Before imposing the sentence, Judge Cahill said he had reviewed 500 pages of presentence investigation reports from Amaral's cases, including one where he stole from his grandmother.

Amaral's letter from his 2015 sentencing was "almost the same" as what he said in court Thursday, Cahill said.

"He is a remorseless person who merely says things," Cahill said.

He read a letter submitted for Amaral's 2015 sentencing from an aunt who had been victimized.

"We have watched Cody evolve into a person that has proven time and time again he cannot be trusted . . ." the letter said in part. "I have never seen Cody be remorseful, show empathy or ever take responsibility for his behavior or actions. He seems to have no conscience or compassion for others.

"This is not a person who will honor a second or third chance. This is so much deeper than just theft. This is about owning up to the pain and suffering he's caused . . .

"I strongly believe our community will be at risk should he be let off for these offenses."

Cahill said: "I made a serious, truly terrible error in judgment by sentencing you to probation the last time you were here. The bottom line is your aunt was right and I was wrong."

Cahill said an extended prison term was the only way to protect the public from Amaral.

"He moved away from family members and is now hitting on other people," Cahill said. "Family members have the power to forgive and to some extent forget. But I can't impose the forgive and forget on other people who are victims of his crimes."

Amaral was ordered to pay $14,251 in restitution.

He was resentenced to prison terms, to be served at the same time, in seven earlier cases for first-degree unauthorized entry into a dwelling, three counts of second-degree theft, attempted second-degree theft, seven counts of being a felon in possession of a firearm or ammunition, two counts of first-degree burglary, five counts of first-degree theft, first-degree unauthorized entry into a motor vehicle, two counts of second-degree unauthorized entry into a motor vehicle and second-degree forgery.

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