Man who defaced isle areas ordered to clean up graffiti

WAILUKU - Once a month for the next five years, Rodrigio Bio Jr. will have to clean up graffiti to fulfill terms of a criminal sentence he received Tuesday.

Second Circuit Judge Joseph Cardoza opted not to send Bio to jail, even for 30 days as recommended by a county prosecutor, but to keep the consequences of his crime imbedded in his mind for the duration of his five years' probation term.

"I think you're going to be sick of this," Cardoza said about the community service project he ordered for Bio.

Cardoza specifically mandated the 20-year-old Kihei man to do graffiti cleanup in segments of 10 hours a month across this island and not to double up the time one month to avoid doing it the next. Bio was also told not to assume other community service projects in lieu of the graffiti cleanup duty.

"You caused a lot of pain in this community," Cardoza told Bio.

The graffiti cleanup assignment provides Bio "an opportunity to show you're truly sorry," the judge said.

If he completes his sentence as ordered, Bio's conviction for second-degree criminal property damage will be expunged from his record.

Court records show that following a police investigation, Bio and several juveniles were determined to be the culprits in the defacing of utility boxes, vehicles, bridges and buildings with graffiti from July to September 2007 in Central Maui, Maalaea, Kihei and Makena.

Bio's sentence includes an order that he pay a portion of $3,195 in restitution to vandalized businesses, including Maui Electric Co., Maui Ocean Center and Envisions Entertainment.

Cardoza encouraged Bio to write letters of apology to the businesses and to share his reflections about the community service project he's embarking on for the next five years.

Bio's attorney, Deputy Public Defender Shelley Miyashiro, initially asked to delay Tuesday's sentencing to allow Bio time to collect new written statements from friends, family and his teachers about his character.

Bio had about 15 letters of support, but they was destroyed in a fire at his family home Sunday night.

Cardoza noted he had already seen one teacher's favorable written comments previously filed about Bio. He said more letters could be added to his file, if needed.

When Cardoza mentioned he was ready to sentence without the additional letters and that he was inclined not to send Bio to jail, Miyashiro withdrew her request for a continuance, saying her client "wants to get this over with."

Bio apologized for his actions and asked he be spared a prison sentence.

"I don't think giving me time is going to help anything," Bio said. He said he would lose his job and his chances of being able to pay his fair portion of the more than $3,000 in restitution.

"Putting me in jail is not going to help anyone," Bio said.

Cardoza said Bio sounded like an articulate young man who could use his time outside of jail to discourage youth from engaging in acts of vandalism.

Deputy Prosecuting Attorney Cody Minatodani argued that Bio be sentenced to 30 days in jail. She pointed out that Bio was the sole adult with the vandalizing juveniles. As the only individual with a driver's license in the group, Bio purchased the spray paint and drove the juveniles to the areas that were vandalized.

"He is young, but he is living his life as an adult," Minatodani said, pointing out that Bio had just become a father at the time he committed the crimes.

Bio told Cardoza he has since "changed from a boy to a man" during the last two years and has taken full responsibility of his part in the graffiti spree.

Bio is considering a career in law enforcement. Minatodani said that if Bio wants to become a police officer, he should experience the consequences of his criminal actions.

Minatodani did not oppose Bio's request for a deferred acceptance of a no contest plea.

* Claudine San Nicolas can be reached at claudine@mauinews.com.