WAILUKU - A 34-year-old man was resentenced Wednesday to a 10-year prison term after he violated his probation in an assault case when he burglarized a restaurant and stole its automated teller machine in August.
Second Circuit Judge Richard Bissen followed a plea agreement in resentencing Michael Aguilar, also known as Abram Aguilar, to the 10-year term. It will be served concurrently with a five-year prison term for the August case. He also will serve two one-year jail terms concurrently with his 10-year prison sentence for violating his probation for two convictions of abusing a family or household member.
Aguilar apologized for his actions and for "wasting the court's time."
But Bissen said: "You wasted your life. That's what you've done."
Bissen added that Aguilar had plenty of opportunities to turn his life around, but he didn't.
He also noted that Aguilar recently moved to Washington state where he allegedly committed crimes before returning to Maui to commit his most recent burglary and theft offenses.
Defense attorney Jon Apo, who represents Aguilar in his recent case, said his client intends to resolve matters in Hawaii quickly because he knows "he has a long road a head of him" with extradition to Washington state.
Aguilar's probation was revoked in a 2002 case in which he was charged with first-degree attempted assault and unauthorized control of a propelled vehicle. His probation was revoked in two 2004 cases in which he was charged with abuse of a family or household member in each case, according to court testimony.
In his most recent case, Aguilar pleaded no contest to second-degree burglary, third-degree criminal property damage, two counts of second-degree theft and second-degree criminal property damage for an incident on Aug. 13, court records show.
Around 2:05 a.m. on Aug. 13, CJ's Deli & Diner in Kaanapali was burglarized, and surveillance video showed two men working together using a light metallic colored Cadillac Escalade, court records show.
The video showed a man, later identified as Aguilar, who walked up to north-side doors of the deli and was seen prying open a bottom glass pane while the other man parked the vehicle in front of the door.
The first suspect crawled through the opening and walked to a register and pulled out a cash drawer from under the counter containing $300. The man then entered the deli office and tried to tug and pull at the safe containing $3,000. He used a hammer to try and pry it open.
Then the second man in the vehicle flashed headlights to alert the first suspect. The first suspect then exited the diner and carried the cash register drawer to the vehicle and then re-entered the diner and walked to the automated teller machine containing $3,200 and pushed and pulled it until it dislodged from its anchor bolts.
The man then opened the double doors of the diner and directed the second man as he reversed the vehicle up against the curb.
The two men then carried the ATM and put it into the vehicle.
The first suspect then got into the driver's seat while the second suspect sat in the passenger seat as they drove off.
The men were stopped by police later that evening after spotting the Escalade suspected in the burglary.
Aguilar told police he was taking full responsibility for the theft of the ATM and the break-in. He added he took about $3,000 from the ATM and gave the other man some money.
The second suspect, Jose Alberto Rodriguez Juarez, told police that what they did was wrong and said he helped carry out the ATM. He said they then drove to Honolua Bay, and Aguilar was the one who pried open the machine and kept most of the money. He gave Juarez $300.
Juarez is awaiting trial.