WAILUKU - A 44-year-old man who was found living in a foreclosed home in Makawao and pretended to be a caretaker for the home this summer was sentenced Friday to one year of probation and given credit for the 146 days he had already served in jail.
Second Circuit Judge Rhonda Loo followed a plea agreement in sentencing Joseph McKibben, who last resided in Haiku, court records show.
"A person's home is their castle. . . . A foreclosed home is still a person's castle," Loo told McKibben about illegally being in the home.
Loo said that especially now since McKibben is expecting a new child and is becoming a grandfather, he should "take things seriously."
She told McKibben that more trouble will land him in prison.
McKibben pleaded no contest to first-degree criminal trespassing and third-degree criminal property damage. A first-degree burglary charge was dismissed in accordance with a plea agreement.
The charges stem from when McKibben stayed in a home on Ulana Street in Makawao from June 1 to July 21, records show.
In an unrelated case, 37-year-old Mario Franklin of Wailuku was placed on one year of probation on Friday for trying to use checks on a closed credit union account to pay for a washer, home furnishings and artwork last year.
Loo followed a plea agreement in sentencing Franklin, whom she said needs an "attitude adjustment."
Loo said Franklin gave a probation officer attitude when he visited the office and she cautioned him that if he commits another crime that attitude will probably put him in jail.
Loo disputed Franklin's defense attorney's claims that poor money management led to the offenses.
"I don't think these were due to poor banking skills," Loo said, noting that in three days Franklin made two large purchases of nearly $2,000.
Defense attorney Christopher Carroll said that his client had seven bank accounts at the time and had gotten them confused, which led to using the checks illegally.
He said Franklin has paid back all the money owed to Hamai Appliance and Endangered Pieces.
Franklin pleaded no contest to two counts of negotiating a worthless instrument in two cases. One charge of second-degree theft was dismissed from each case in accordance with a plea agreement, records show.
In one case, on Dec. 3, 2011, Franklin purchased a washing machine and hose from Hamai Appliance with a check from his closed account at Kahului Federal Credit Union, records show. Then, on Dec. 6, 2011, Franklin bought home furnishings and artwork from Endangered Pieces, also with a check from the closed account.
