Prosecutor: Case beyond ‘bad judgement’

WAILUKU - A six-month jail term was ordered Thursday for a Kahului man who was driving a stolen vehicle when he fled from police, speeding through stop signs in Kahului before crashing into a parked car.

In court, Alfredo Magsayo Jr., 24, apologized.

He was placed on five years' probation and ordered to pay $500 in restitution, as well as $748 in fines and fees.

Magsayo has a history of substance abuse problems, said Deputy Public Defender Shelly Miyashiro.

"On the date of the offense, he was under the influence and that may have contributed to his bad judgment," she said.

He had pleaded no contest to unauthorized control of a propelled vehicle, resisting an order to stop a motor vehicle, reckless driving, driving without a license, inattention to driving and striking unattended property.

Magsayo was arrested at 7:33 a.m. Jan. 23 after police saw him driving a 2001 Ford multipurpose vehicle that had been reported stolen two days earlier from a Kahului residence. The car turned onto West Papa Avenue from Honowai Street. When a police officer activated the lights and sirens on his police car, the driver accelerated through stop signs and forced other vehicles off the road to avoid a collision, according to police. After the vehicle crashed into a parked car at 76 West Papa Ave., Magsayo ran before being apprehended, police reported.

Magsayo later told police he had smoked crystal methamphetamine with another man who loaned Magsayo the stolen vehicle.

Deputy Prosecutor Angela Correa said the vehicle sped past two schools that were crowded with children before crashing.

"This case went beyond just bad judgment," she said.

Second Circuit Judge Joseph Cardoza urged Magsayo to make plans for drug treatment before he is released from jail.

"The road to recovery is a long one, and in most instances it's a lifelong journey," Cardoza said.

In another case Thursday, Cardoza ordered a three-month jail term for a homeless man who admitted illegally entering a parked vehicle in Lahaina to steal a cellular telephone and other items.

Terrance-Guy Santiago, 31, had pleaded no contest to first-degree unauthorized entry into a motor vehicle and third-degree theft. He was given a chance to keep the convictions off his record if he follows court requirements while being supervised for the next five years.

The theft was reported April 16 after a woman had parked her 2008 Dodge Durango, hiding its keys, while she was at the "Shark Pit" surf spot. She returned to find the doors unlocked and items missing from her purse that was on the driver's side floor.

She described a man she had seen in the area, providing information that led Lahaina patrol officers to Banyan Tree Park, where they located Santiago with the woman's telephone, according to police. Police described him as "extremely remorseful and cooperative," leading police to his campsite where he had hidden the other stolen property.

Miyashiro said Santiago has no prior felony convictions. While in jail, he had been working in the kitchen and attending parenting classes, she said.

"This is an incident that does appear to be out of character," she said.

Santiago had already spent more than three months incarcerated.

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