WAILUKU - A man who said he acted on the "spur of the moment" when he broke into a rental van at Kahului Airport and burglarized a Haiku recycling center was sentenced to a one-year jail term.
Chavel Battel, 20, of Haiku also was placed on five years' probation on Sept. 20.
Battel had pleaded no contest to charges of first-degree unauthorized entry into a motor vehicle and second-degree burglary.
"I didn't plan any of these," Battel said in court. "It was kind of spur of the moment. I would just like a chance to prove I'm ready for probation and I can succeed on probation."
Defense attorney Jon Apo said Battel's success in refraining from illegal drug use would determine whether he succeeds on probation.
At the time of the offenses, Battel was abusing oxycodone, not understanding "the grasp it had on him," Apo said.
He disputed characterizations of the crimes as sophisticated, saying they hadn't been well thought out.
But 2nd Circuit Judge Richard Bissen said the crimes appeared to be premeditated.
On Feb. 16, Battel broke into a Kimo's Rent-A-Car van at Kahului Airport in an attempt to obtain the key and steal the van, according to police reports.
Battel had learned where a key was kept because he knew someone who had worked for the rental car company, said Deputy Prosecutor Justine Hura.
About two months later, on April 26, Battel went to the Haiku recycling and redemption center with a drill, which he used to break through a door and steal a cellphone, according to police.
"That sounds premeditated as well," Bissen said. "He expected to find money in there.
"He's not a good criminal, but he's an active criminal."
While Battel asked to be released from jail Sept. 20, Hura recommended the one-year jail term.
With attorneys noting that Battel has a juvenile record, Hura said Battel would have been told he would face more serious consequences for crimes when he turned 18.
"It's unfortunate that he didn't take that more seriously," she said. "He's had a lot of intervention, a lot of people trying to help him."
In other sentencings:
* A 25-year-old woman was ordered to pay $7,016 in restitution for stealing from her employer last year.
Tiana Kuoha-Taetuna, who now lives in Honolulu, was placed on five years' probation as part of her sentence Sept. 18.
She had pleaded no contest to second-degree theft of the money on March 25, 2012, when she was working at Aloha Petroleum and was supposed to make a bank deposit.
"I didn't only lose my job," Kuoha-Taetuna said in court. "I actually lost really good friendships."
She asked for a chance to keep the conviction off her record.
Deputy Prosecutor Carson Tani opposed the request, saying that Kuoha-Taetuna "did the same thing again, where she's stealing money from her employer" when she later worked at Game Stop.
She wasn't convicted in that case, Tani said.
Kuoha-Taetuna said she wrote a letter apologizing and was paying the money back to Game Stop.
"I did take from them," she said. "I am seeking counseling for what I did."
Deputy Public Defender Jared Brickey said what happened with Game Stop shouldn't be a factor in the sentencing and Kuoha-Taetuna was still eligible for a deferral of her plea.
Second Circuit Judge Rhonda Loo said she wasn't considering the Game Stop matter in denying the defendant's request.
When she was first questioned by police, Kuoha-Taetuna didn't take responsibility for the Aloha Petroleum theft and said the money had been misplaced, Loo said.
"People don't misplace $7,000," Loo said. "People misplace car keys. They misplace cellphones."
"You had a very simple job," the judge told Kuoha-Taetuna, noting that the bank was within a 1-mile radius and five-minute car ride from the business.
* A 23-year-old Haliimaile woman was placed on one year's probation for her role in an assault on her brother's then-girlfriend outside a Kula residence last year.
Jennai Rosete was ordered to help pay $2,109 in restitution as part of her sentence imposed Sept.19.
She had pleaded no contest to a reduced charge of third-degree assault in the Aug. 24, 2012, incident.
The then-girlfriend reported being pinned to the ground, punched and bitten and suffering injuries that required medical treatment, according to court records.
Rosete asked for a chance to keep the conviction off her record.
Her attorney, Michelle Drewyer, said what happened was "out of character" for Rosete, who works and attends school.
"She was trying to protect her brother, and there was a skirmish," Drewyer said. "It was a family situation. It was heated and in the passion of the moment, there was a struggle between three people."
Deputy Prosecutor Jerrie Sheppard opposed Rosete's request.
"This was a crime of violence," Sheppard said. "The victim was also just left behind in the middle of the road in the middle of the night. It doesn't appear there was a good excuse for why this happened."
She said the victim required stitches for a gash to her head after Rosete and her brother had been "ganging up" on the woman.
Drewyer said the prosecution's version of facts was at issue.
She said Rosete and her brother were trying to leave his then-girlfriend's residence when she followed them outside.
Rosete suffered an injury to her finger, Drewyer said.
Noting that Rosete previously had been given a chance to keep a misdemeanor theft conviction off her record, 2nd Circuit Judge Joseph Cardoza denied her request for a similar chance on the misdemeanor assault charge.
He said Rosete had previously done well on supervision. "It's really unfortunate," he said.
Cardoza followed a plea agreement recommending no jail for Rosete.
Her brother, Kristofer Rosete, 26, is awaiting sentencing after pleading no contest to reduced charges of first-degree criminal trespassing and abuse in the case.