Judge tells teen he needs to ‘open . . . mind to changing’

WAILUKU - A Makawao man was taken into custody Tuesday to serve a six-month jail term for his part in a car break-in in Paia earlier this year.

Ryan Shibata, 18, also was placed on five years' probation.

He had pleaded no contest to first-degree unauthorized entry into a motor vehicle and second-degree theft after belongings valued at $1,200 were stolen from a rental car that was parked near the Paia Youth Center on Feb. 22.

A police investigation identified Shibata as one of three males who were seen reaching into the convertible to remove property, according to court records. The youths were in Shibata's Toyota 4Runner.

Second Circuit Judge Joseph Cardoza denied Shibata's request to keep the convictions off his record.

While Shibata had prior encounters with the law, defense attorney Anthony Vierra said Shibata could benefit from supervision.

"You need to open your heart and your mind to changing," Cardoza told Shibata.

Co-defendant Bonifacio Sahagun is scheduled to be sentenced Oct. 2 after also pleading no contest to charges in the case.

In other sentencings in 2nd Circuit Court last week:

* A Lanai City man was given credit for 12 days he previously spent in jail and ordered to perform 200 hours of community service for a Jan. 11 break-in at Blue Ginger Cafe.

Likeke Davis, 25, had pleaded no contest to second-degree burglary and third-degree theft.

According to court records, Davis and three boys were implicated in the break-in, which was discovered the next day. A wooden door to a back storage area was broken. Two cases of soda and 20 compact discs were missing, along with a 50-pound bag of rice that was dumped 10 feet from the door.

"It doesn't appear that the defendant's actions were for any other reason than the thrill of it," said Deputy Prosecutor Angela Correa. "It's difficult to run a business there. He knows the owner. He's actually played basketball with the defendant."

In court, Davis apologized.

Defense attorney Byron Fujieda said Davis already had written a letter apologizing to the cafe owner, is working full-time and is living with his family on Lanai.

"From day one, he admitted to what he did and acknowledged what he did was wrong," Fujieda said.

Cardoza ordered Davis not to enter Blue Ginger Cafe unless he has written permission from his probation officer.

* A Molokai man was ordered to perform 100 hours of community service and pay $459 in restitution for punching another man at Kaunakakai pier last year.

After a trial earlier this year, 22-year-old Jordan Spencer was found guilty of a lesser misdemeanor charge of third-degree assault on 22-year-old Stanley Rapanot III. The victim suffered a broken eye socket after being struck in the face, falling on a small seawall along the edge of the pier and rolling over onto rocks in the water.

Although Spencer and Rapanot had been friends, they argued after Rapanot began seeing Spencer's former girlfriend.

Deputy Public Defender Jon Apo said Spencer didn't mean to cause such injury and sought a trial because the case was overcharged.

"It was just one of those things," Apo said. "These things happen on school grounds across the nation every single day. I'm not saying it's right. They don't end up with felony charges, I don't think."

But Deputy Prosecutor Melinda Mendes said more serious injuries could have resulted because of where the assault occurred.

"This was about jealousy," Mendes said. "He needs to learn to deal with anger in a more mature way."

Spencer was placed on one year's probation and ordered to have no contact with Rapanot.

"You need to understand that when you raise your fist against somebody, you can cause some damage," Cardoza told Spencer.

* A 49-year-old Kahului woman was ordered to perform 250 hours of community service and pay $3,288 in restitution for thefts she committed in March 2007 while she was working at Wakea 76 gas station.

Darnett Manuel also was placed on five years' probation as part of the sentence imposed Friday by 2nd Circuit Judge Joel August.

She had pleaded no contest to second-degree theft after admitting she had pocketed cash from phone minute purchases, according to court records.

Deputy Public Defender Greg Ball said Manuel had undergone drug treatment and was attending college and working. He said Manuel's progress "has set the benchmark" for his other clients.

Despite the positives in Manuel's life, Deputy Prosecutor Brandon Paredes said some jail time was warranted, especially because of Manuel's prior convictions for burglary and theft.

August suspended all but three days Manuel had already served of a two-month jail term. He ordered Manuel to continue attending at least four support group meetings a week.

The judge said Manuel had a 24-year history of drug use, as well as a criminal history, but agreed with Ball's assessment.

"After being arrested for this current offense, she has demonstrated a remarkable willingness and ability to turn her life around in a way that we rarely see," August said.

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