Robbery of couple leads to prison

Defendant was on parole for similar crime

WAILUKU -- A man who had been paroled for similar crimes when he robbed a couple at gunpoint at Nakalele Point was sentenced Tuesday to a 20-year prison term.

Phillip Rosenthal, 38, of Lahaina was ordered to serve the sentence after he finishes serving his 20-year prison term for robbery and kidnapping in a 2000 case.

"It's almost identical circumstances," 2nd Circuit Judge Peter Cahill said in ordering the consecutive sentencing. "You kidnapped people, you took them all over the place. You do this while you're on parole. You haven't served your first debt, you haven't paid that debt off.

"That first 20-year sentence failed to provide that adequate deterrence to criminal conduct."

In his most recent criminal case, Rosenthal had pleaded no contest to two counts of first-degree robbery and two counts of kidnapping.

The crimes occurred at about 6:50 p.m. March 15, 2017, when a California couple were returning to their rental car after the man had proposed marriage to the woman at remote Nakalele Point. Police said Rosenthal and co-defendant Ashley Ramos confronted the couple at gunpoint and stole their belongings, including a $7,500 diamond engagement ring.

Rosenthal forced the man into a sport utility vehicle while Ramos drove the woman in the couple's rental car, police said.

Both vehicles headed south on Honoapiilani Highway, ending up at the Kehalani Longs Drugs in Wailuku at about 10 p.m. Surveillance video showed Ramos in the store with the couple, who bought $1,300 in gift cards that they turned over to the robbers. After being released, the visitors drove their rental car back to their Kaanapali hotel and reported what happened.

A plea agreement between the defense and prosecution recommended concurrent sentencing of 20 years in prison for Rosenthal, who is also known as Phillip Braun.

"I'm sorry for the victims, the people that I hurt, along with my family," Rosenthal said in court Tuesday. "I'm now a changed man. I gave my life to the Lord. I just ask for forgiveness from everybody, the community."

"Sometimes it takes people long to learn," Rosenthal added.

Judge Cahill said that he was concerned about the need to protect the public from further crimes by Rosenthal, who told a probation officer that he committed the robbery "for the thrill of it."

"When you tell me it takes a while to learn, what are we supposed to do while you're in this learning process?" Cahill said. "Here's the most disturbing thing -- you said, 'I was high on meth.' But you did this 'for the thrill of it.' That's what you did 20 years ago too.

"You kidnapped two people, terrorized them. How horrible is that? So while you're in this learning process, how do we protect ourselves?"

Rosenthal was ordered to serve a mandatory minimum term of six years and eight months before he is eligible for parole.

"I cannot see how the paroling authority could let you go after less than 20 years after what you did," Cahill said.

Rosenthal was ordered to pay $10,368 in restitution.

Co-defendant Ramos, who was 19 at the time of the crimes, was sentenced last year to four years' probation after she had pleaded no contest to two reduced counts of second-degree robbery and two counts of kidnapping. She had spent about nine months in jail and said she was getting rides and drugs from Rosenthal when he decided to commit the crimes.

In court Tuesday, Rosenthal said he has five years left to serve in his 2000 case.

According to court records, he was sentenced to a 20-year prison term for robbery and kidnapping.

He was arrested for robbing and kidnapping a California couple at gunpoint during a carjacking Oct. 21, 2000, at the parking structure of the Aston Kaanapali Shores Resort, according to an article published in The Maui News. Rosenthal reportedly had the couple drive to an automated teller machine at Kahana Gateway Shopping Center to withdraw money and had the woman turn over her wedding ring. He gave the ring back after the woman's husband said it wasn't worth much.

Later, Rosenthal told police detectives he had bought a toy handgun the day of the robbery.

He also was implicated in the gunpoint robbery the next day of another California couple in a Napili Point Resort unit, according to police.

Judge Cahill said Rosenthal had been denied parole numerous times before being released on parole in 2016. He reported to a probation officer that his conviction in the 2000 case was for "robbing tourists at gunpoint," Cahill said.

"When he's given parole, he commits essentially the same offense where he kidnaps people and takes them around and has them do things under threat," Cahill said. "Once he's released, it fell upon him and he failed."

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