Nafetalai Finau (right) sits with his attorney, Chris Dunn, at Finau’s sentencing Wednesday morning in 2nd Circuit Court. Finau was placed on one year’s probation for the theft of belongings from the residence of murder victim Carly “Charli” Scott, who was his tenant in February 2014 when she went missing. The Maui News / LILA FUJIMOTO photo

WAILUKU — The landlord of murder victim Carly “Charli” Scott was ordered to pay nearly $3,000 in restitution for stealing belongings from her residence while police were investigating her disappearance five years ago.

Nafetalai Finau, 71, of Makawao was ordered to perform 100 hours of community service and was placed on one year’s probation as part of his sentence Wednesday.

“You broke the landlord-tenant code more times than I can count,” 2nd Circuit Judge Rhonda Loo told Finau. “You wanted to be paid for what she owed you. But it was bigger than that. There was a police investigation going on. There was a murder investigation going on.”

Finau had pleaded no contest to a reduced charge of third-degree theft of Scott’s belongings, including a flat-screen television, propane stove, baby toys and Sony PlayStation 3, from Feb. 10 to 15, 2014.

At the time, the 27-year-old Scott was five months pregnant and had been reported missing after she was last seen the night of Feb. 9, 2014.

After flying to Maui to help search for his daughter, Seattle resident Robert Scott said he went to a meeting with Finau that became an attempt to negotiate the return of his daughter’s property in exchange for rent that was due.

“During this time, it was unbelievably difficult, frustrating to have this kind of conversation, which seemed to be a rather trivial matter in relation to Charli being missing and the search that was going on,” Scott said in court Wednesday. “I was taken aback by the lack of empathy.”

Finau’s attorney, Chris Dunn, read a letter reflecting Finau’s sentiments that was written after consulting with Finau and his family.

“When I look back at that time, knowing what I know now, I feel shame for my actions to the Scott family,” the letter said. “I added to your difficulty at a time that was already the most difficult in your life.”

Scott had been a tenant for almost a year at the Ahuwale Street property where Finau lived and rented out small ohana units maintained by his family.

“When she first went missing, I did not understand the seriousness of the situation,” the letter said. “From my point of view, my tenant was not around. The tenant was not around and people I did not know were going in and out of the unit, removing things and causing damage.”

Finau said he went into Scott’s unit and fixed a window that had been broken by someone entering the unit.

“At that time, I took things without permission from the unit, at first to secure them and to protect them,” his letter said. “But then I kept them to try to get money owed for rent and repairs. I thought it was legal to hold the belongings of a tenant to offset damages and rent owed. I now understand this is not allowed.”

Finau said he wouldn’t want someone to treat his family the way he treated Scott’s family.

“Knowing what your family has been through, I know I was being selfish and small minded,” his letter said. “You were dealing with an overwhelming situation with your daughter, and I was only focused on the rent.”

Speaking in court, Finau said, “I learned a big lesson from that time.”

Charli Scott’s mother, Kimberlyn Scott, said that the people going into her daughter’s unit were police officers and forensic workers. She said she noticed her daughter’s television was missing when she first went into the unit after her disappearance and more property was missing over the next week.

“He had Charli’s television set up for his grandchildren, who were playing video games, Charli’s video games,” she said in court.

She said a wooden lockbox, which Charli Scott kept her dog’s baby teeth in, was retrieved from the home of one of Finau’s sons.

“One of the worst things about all of this, one of the things he took from us that he can’t apologize for, was the ability to at least go and be in her room” with her belongings, Kimberlyn Scott said.

“That was taken from every member of my family,” she said. “There’s nothing he can do to undo that.”

Scott said she didn’t believe Finau’s apology.

While police reports said the majority of Scott’s belongings were returned to her family, Kimberlyn Scott said the television was broken and other belongings, including a MacBook, knife and PlayStation controllers, weren’t returned to account for $2,908 in restitution sought by the family.

Finau, who interjected in the discussion about restitution, said he returned Scott’s rental deposit, even though he was owed a month and a half of rent. He said damage was done to the unit by Scott’s family members who entered without permission, even after he had told them he lived 50 feet away and would let them in if asked.

Finau asked for a chance to keep the conviction off his record, with Dunn saying Finau’s only prior conviction is for a petty misdemeanor offense in 1989.

Judge Loo denied the request, saying she couldn’t find he was unlikely to reoffend. She said Finau’s comments were “probably what Mr. and Mrs. Scott faced when you confronted them about the return of Charli Scott’s items.”

Finau was given credit for two days he previously spent in jail.

Scott’s ex-boyfriend Steven Capobianco is serving a life prison term with the possibility of parole after he was convicted of second-degree murder of Scott.

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