Burglar may get a break from jail

WAILUKU - A man convicted of burglarizing a Makawao residence could be released early from a one-year jail term to enter residential drug treatment.

"I realize I need the treatment, I need the help," Richard H. Tavares Jr. said during his sentencing Wednesday.

The 35-year-old Makawao resident was placed on five years' probation and ordered to participate in residential drug treatment as part of his sentence.

Tavares had pleaded no contest to first-degree burglary and second-degree theft.

A woman returning home saw doors open to a rental cottage on her property on Makawao Avenue the afternoon of Feb. 5. When she called for her tenant, she reported seeing a surprised Tavares - whom she recognized - running through a garage, jumping over a gate and across the road before she heard a dirt bike starting.

The tenant reported that a gold rope chain worth $3,000 was missing from the cottage.

Tavares was arrested a couple of days later when the woman's husband saw Tavares at a store and called police.

He had been released after posting a $30,000 bail bond, but he was taken back into custody after allegedly violating requirements of his release.

Second Circuit Judge Joel August denied Tavares' request to keep the convictions off his record, based on his prior record. While the convictions are Tavares' first for felony offenses, his criminal history includes more than two dozen convictions for misdemeanors and petty misdemeanors, August said.

Tavares has convictions for abuse, six counts of violating an order for protection, two counts of driving without a license, no insurance and 13 counts of criminal contempt of court, according to court records.

"You've been heavily addicted to drugs in one form or another for approximately 20 years," August told Tavares. "You've done poorly when placed on probation. Your work history is almost nonexistent."

The judge said Tavares could be released after he has served six months of the jail term if he is accepted into a long-term residential treatment program. If he successfully completes the program, he could ask to have the rest of the jail term rescinded, August said.

He ordered Tavares to have no contact with the victim.

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