‘Dr. Jekyll’ identity gets break in theft sentence

WAILUKU - A man described as a "modern-day version of Dr. Jekyll and Mr. Hyde" was spared further jail time when he was sentenced last Friday for a series of identity theft crimes in 2005 and 2006.

Daniel Kapahu, 38, was ordered to pay $18,918 in restitution and perform 500 hours of community service as part of five years' probation.

"I do wish to apologize for my selfish behavior back when I was committing these offenses," Kapahu said. "There is no excuse for them. I'm doing everything in my power to make the correct decisions and do the right thing."

Deputy Public Defender Wendy Hudson said Kapahu had spent 21 months incarcerated for similar crimes in a federal bank fraud case. Since being released from custody in March, she said he had rehabilitated himself, going through drug treatment and working full time.

"It's just really an amazing turnaround for him," she said.

Kapahu, who is also known as Daniel Orta, had pleaded guilty or no contest to 25 charges in three criminal cases dating from January 2005 to December 2006. The charges included two counts of second-degree identity theft, third-degree identity theft, three counts of second-degree theft, two counts of attempted second-degree theft, eight counts of making false and fraudulent statements, five counts of fraudulent use of a credit card and four counts of making a false statement to procure issuance of a credit card.

According to court records, Kapahu filed false tax returns in the names of himself and others and also applied for credit cards in other people's names.

Deputy Prosecutor Carson Tani and state Deputy Attorney General Janine Udui asked the judge to follow a plea agreement recommending no further jail for Kapahu.

Udui said Kapahu cooperated with the state Department of Taxation and confessed to what he did.

"The state is also interested in getting our money back, and the best chance is if he continues working," she said.

She said the identity theft crimes were upsetting.

"The victims really felt a profound sense of betrayal and violation," she said.

Second Circuit Judge Joel August said letters written to the court showed two sides of Kapahu's personality.

"It appears to the court that you are a modern day version of Dr. Jekyll and Mr. Hyde," August told Kapahu. "In the animal kingdom, you are a true chameleon. You have demonstrated the capacity to be a remarkable human being to your fellow man in need, and you have changed people's lives for the better."

At the same time, the judge said Kapahu "demonstrated the characteristics of a professional con man."

Kapahu defrauded banks, credit card companies, individuals and the state Department of Taxation, August said.

According to federal court records, Kapahu's federal bank fraud conviction stems from an incident in November 2005 when he worked as an embalmer for a Maui mortuary.

He used the personal information of a man who died to apply for a credit card.

In other cases heard in 2nd Circuit Court recently:

* A 21-year-old man was sentenced to a five-year prison term in connection with the May 18 theft of a 2006 Toyota Tacoma pickup from a residence on One Street in Kahului.

Nu'ufou Fau had pleaded no contest to unauthorized control of a propelled vehicle after police located the truck and questioned Fau and another man who were found nearby. They were arrested shortly after the truck owner reported being awakened by the sound of the truck engine and seeing the vehicle being backed out of the driveway, according to police.

Second Circuit Judge Joseph Cardoza ordered that Fau serve the prison term at the same time as a 10-year prison term he is serving in other cases.

Fau was sentenced last week.

* A Lanai City man was given a chance to keep second-degree burglary and fourth-degree theft convictions off his record if he follows court orders for the next five years.

Gared Sanne, 19, had pleaded no contest to the charges in connection with a Jan. 18 burglary at Lanai High and Elementary School. According to police, he and two others entered a school building through a partially open door and took ice cream cups from the cafeteria. The three, all students at the time, also clogged sinks and turned on the water in the break-in, which was reported when an alarm went off at 11:37 p.m.

In court last week, Sanne apologized.

"I don't offer any excuse other than bad decision-making," he said. "I was raised better, to do better things with my life than what I did."

Deputy Public Defender Shelly Miyashiro said Sanne plans to attend college.

Cardoza ordered Sanne to perform 200 hours of community service and write a letter apologizing.

The two other students arrested were juveniles.

* A 22-year-old Kahului man was ordered to serve an 18-month jail term as part of five years' probation after being convicted of felony drug charges.

Christopher Kepani could be released from jail after serving one year if he is accepted into a residential drug treatment program.

He had pleaded no contest to second-degree promotion of a dangerous drug and possessing drug paraphernalia in connection with his arrest June 7, 2007, when he was found with at least one ounce of cocaine.

Taking into consideration Kepani's youth, Deputy Prosecutor Tracy Jones said the state agreed to dismiss a more serious charge of attempted first-degree promotion of a dangerous drug.

"The bottom line is he was dealing drugs," Jones said during Kepani's sentencing hearing last week.

Based on police investigation, she said Kepani had been smoking marijuana and was selling about one ounce a week of cocaine to earn money.

"This was a business for him," she said.

August followed the plea agreement in imposing the sentence.

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