Man acquitted in burglary but guilty of theft

WAILUKU - After denying he had anything to do with breaking into a Lahaina home, a Wailuku man was acquitted of a burglary charge. But he was found guilty of the theft of gold jewelry that he and another man pawned the day after the break-in.

A 2nd Circuit Court jury reached the verdicts Wednesday morning in the trial of Thomas Okudara Jr.

The 40-year-old Wailuku resident was arrested and charged after being implicated along with two others in the crime.

Co-defendant Roland Tanner Jr. testified that he and Myman Sparks came up with the idea to burglarize the home of William "Butch" and Donna Soares on Kua Place in Lahaina. But because Tanner and Sparks knew the residents, Tanner said they didn't want to go into the home.

He said Okudara agreed to break into the home and was dropped off near Kua Place on the afternoon of Jan. 9 with a backpack and flathead screwdriver. A few hours later, in the early evening, Tanner said he was "kind of shocked" when Okudara showed up with jade, coral and gold jewelry from the home.

But Okudara testified he had nothing to do with the burglary. He said he had lunch in Lahaina with Tanner and Sparks that day. He said he had been driving back to Wailuku but ran out of gas at Olowalu.

Okudara said he walked back to Lahaina and went to the house of a friend of Tanner to get him to call Tanner for help.

After getting his truck running again, Okudara said he slept in the vehicle in Olowalu. He said he returned to Tanner's house the next morning and went with him to pawn gold rings, chains and bracelets at West Maui Gold and Loan.

"Did you know the jewelry was stolen?" defense attorney Matson Kelley asked Okudara.

"I didn't think about it," he replied.

After receiving $2,000 for 270 grams of gold, Tanner gave Okudara $1,000 as a loan, he said.

Daniel Reardon, owner of the pawn shop on Limahana Place, said Okudara's name was on a store record as having pawned the jewelry. Okudara and Tanner had showed up at the store before it was open Jan. 10 with the bag of jewelry, with Tanner saying Okudara needed money to pay rent for his girlfriend, Reardon testified.

He said Lahaina police detectives showed up shortly after Okudara and Tanner left. The detectives returned to the store after an employee called when Tanner showed up a second time with more jewelry, Reardon said.

After being arrested, Tanner eventually implicated Okudara in the crime. Tanner said he told police about a box of stolen jewelry in Tanner's bedroom that he had stashed for Okudara.

In closing arguments to jurors Tuesday, Deputy Prosecutor Mark Simonds said Okudara, Tanner and Sparks split the proceeds from the burglary and were all guilty. But Okudara was the one who went into the house, tracking dirt as he took 106 pieces of jewelry, antique coins and other valuables, Simonds said.

Kelley said it made more sense that Tanner entered the home, bypassing other rooms to take valuables from the master bedroom. Donna Soares is the godmother of Tanner's daughter, and he had been to the house before.

Kelley argued that Tanner's testimony couldn't be believed.

"He is the poster child for reasonable doubt," Kelley said. "He's lied repeatedly."

Kelley said Tanner "set up" Okudara to take the blame for the burglary, giving him a few less valuable items from the home, including a bracelet and a Maui County Police Commission pendant with the Soareses' names on it. Those were found along with $976 cash when Okudara was arrested Jan. 10 in Happy Valley.

Jurors, who began deliberating late Tuesday afternoon, found Okudara not guilty of first-degree burglary but guilty of second-degree theft. After the prosecution presented its case, Okudara was acquitted of a more serious charge of first-degree theft based on the value of the jewelry, Kelley said.

"I'm very pleased with the dedication of the jurors in this case," he said afterward. "I definitely think that they were very diligent and took a lot of care and time in examining the testimony of the witnesses and the evidence. I do feel that justice was served."

With the felony theft conviction, Okudara faces mandatory prison time as a repeat offender when he is sentenced Oct. 31, Simonds said.

"We're seeking other sentencing options as well," he said.

According to the Hawaii Criminal Justice Data Center, Okudara's criminal history includes 21 convictions for charges including multiple counts of theft and unauthorized entry into a motor vehicle. In May 2007, he was sentenced to a one-year jail term as part of five years' probation after pleading no contest to multiple charges - some in connection with a string of car break-ins in West Maui. Okudara was given credit for time he had spent jailed since September 2006.

Before the trial began, Okudara had pleaded no contest to third-degree promotion of a dangerous drug and possessing drug paraphernalia for crystal methamphetamine that was found on him when he was arrested. Okudara faces sentencing on those charges as well.

Judge Joel August presided over the trial that began last week.

Tanner, 39, of Lahaina, is awaiting admission into the Maui Drug Court program of drug treatment and supervision. If he is admitted into and successfully completes the program, he could have charges of first-degree burglary, first-degree theft, third-degree promotion of a dangerous drug and possessing drug paraphernalia dismissed.

Sparks, 48, of Lahaina, is serving a 10-year prison term after pleading no contest to first-degree burglary and first-degree theft.

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