WAILUKU - A Kihei woman was ordered to perform 200 hours of community service after she was caught stealing five pairs of sunglasses from a Whalers Village store.
Lisa Bennett, 44, was given credit for 14 days she had spent in jail and was placed on five years' probation as part of her sentence Thursday. She was also ordered to pay a mandatory fine of $3,659, representing four times the value of the shoplifted merchandise.
Bennett had pleaded no contest to second-degree theft and third-degree assault.
After she was apprehended for stealing the sunglasses from Sunglass Hut International the afternoon of Feb. 19, Bennett kicked and shoved a woman who detained her before officers arrived, police said.
"She just reacted," said defense attorney Byron Fujieda. He said Bennett was intoxicated at the time and couldn't remember much about what happened.
Bennett was remorseful and acknowledged having an alcohol problem, Fujieda said.
Deputy Prosecutor Melinda Mendes said alcohol wasn't Bennett's only problem. Mendes referred to Bennett's prior criminal history as a juvenile and adult in California. Despite being sentenced to jail in 2005 in California, "the defendant has continued to commit crimes," Mendes said.
Bennett said she was looking for work daily.
Second Circuit Judge Joseph Cardoza ordered Bennett not to consume or possess alcohol and to follow instructions from her probation officer.
In another case, an 18-year-old Kahului man was given a chance to keep felony convictions off his record if he follows court requirements for the next five years.
Alan K. Vierra had pleaded no contest to first-degree burglary and second-degree theft from a unit at Maui Community College's Kulanaao student housing on Vevau Street in Kahului.
When he was arrested July 6, Vierra told police he had gone into another man's unit after the man hadn't repaid $60 that was loaned to him by Vierra. The man reported that baseball caps, a stereo, cable modem, Internet router, PlayStation 2, sunglasses and skateboard were missing from his dormitory room.
Suspecting Vierra, the man went to Vierra's room and saw his stolen baseball caps, according to police reports.
"I definitely learned from what I did," Vierra said. "I'm not going to do it again."
Cardoza gave Vierra credit for five days he previously spent in jail and ordered him to perform 50 hours of community service.
In other court matters last week, 21-year-old Rico Jelton was sentenced to five years' probation and ordered to pay $2,608 in restitution for not having a license and being drunk when he drove someone else's van and crashed it.
Second Circuit Judge Joel August also ordered Jelton to obtain his general education diploma in three years, attend at least one Alcoholics/Narcotics Anonymous meeting per week and complete a 14-hour substance abuse rehabilitation program.
He was also given credit for the approximately three months he spent in jail and was ordered to pay fines and fees as well as have his driver's license suspended for 90 days.
August waived some crime victim compensation fees for Jelton, whom he said has no prior employment on Maui and no formal education.
But August called the incident an "act of stupidity" where Jelton was so drunk that he drove a Maui Circulation van for half a block, then crashed it into a curb.
Deputy Prosecutor Terence Herndon said Jelton's blood alcohol level was 0.257. Hawaii's legal limit is 0.08
Deputy Public Defender Greg Ball said he does not condone drunken driving and said it was a "blessing" that no one was hurt.
Ball said Jelton has done well on supervised release, according to a probation report.
He said Jelton has also moved into a shelter and is active in church, and he should do well as along as he doesn't drink.
Jelton, through a Marshallese interpreter, declined to speak in court.
Jelton pleaded no contest to unauthorized control of a propelled vehicle, driving under the influence, driving without a license and inattention to driving.
August allowed Jelton to clear his record of the felony charge of unauthorized control of a propelled vehicle if he successfully completes probation.
The charges stem from an incident on July 27, 2008, when Jelton drove his friend's work van at the Kahului Airport employee parking lot and then crashed it into a nearby curb. Damage included a bent wheel and a flat front tire, according to court records.
In another case, a 20-year-old Makawao man was sentenced last week to one year on probation and was ordered to get his general education diploma for breaking into two rental cars and damaging them near Twin Falls in Haiku last year.
August also ordered Cody MacDonald to pay $352 in restitution along with two other co-defendants in the case.
August also suspended a 10-day jail sentence for MacDonald.
MacDonald pleaded no contest to reduced charges: two of second-degree unauthorized entry into a motor vehicle charges and two of third-degree criminal property charges for incidents in the summer of 2007.
