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Judge keeps bail at $250,000 for man involved in burglary

Incident led to death of 90-year-old

WAILUKU — Bail was kept at $250,000 for a man charged in the burglary of a Harbor Lights Condominium unit where a 90-year-old woman was assaulted last month, suffering injuries that led to her death.

Aaron Wilsey, 26, of Waikapu is also charged with a robbery earlier the same day “that provided the defendant with the means and access” to commit the burglary at the woman’s residence, said Deputy Prosecutor Andrew Martin.

At a bail hearing Tuesday in 2nd Circuit Court, Wilsey asked to have his bail reduced to $150,000.

Based on his income, that would be a “more realistic amount for him to be able to afford, while also providing security that he would abide by the terms and conditions of his release,” said his attorney, Elizabeth Cuccia.

The prosecution asked that bail continue at $250,000 for Wilsey, who is one of three people indicted in connection with the burglary on June 20.

Police said investigation is continuing in the case, which was reclassified as a second-degree murder investigation after resident Jacqueline Oberheim died as a result of injuries she suffered when she was assaulted during the burglary.

Lewellyn Foster Jr., 35, of Kahului has pleaded not guilty to first-degree assault and first-degree robbery of the woman, as well as first-degree burglary. He is being held without bail.

At Foster’s bail hearing last week, Martin said the victim woke up while her room was being burglarized and started screaming. Foster jumped on top of the victim and assaulted her, causing injuries including a subdural hematoma and broken orbital eye socket, Martin said.

In asking that Wilsey’s bail be maintained Tuesday, Martin cited the defendant’s prior record, including at least four times when his probation was revoked for felony crimes.

Wilsey was placed on four years’ probation for two counts of unauthorized control of a propelled vehicle on May 15, little more than a month before the burglary, Martin said. He said Wilsey had reported to his probation officer once and was reported to be doing “very poorly” on probation.

Wilsey said he had checked in with his probation officer more than once and missed his last meeting while he was in police custody.

In keeping Wilsey’s bail at $250,000, Judge Joseph Cardoza said he considered Wilsey’s financial circumstances, as well as the defendant’s flight risk and dangerousness.

In addition to two counts of unauthorized control of a propelled vehicle, Wilsey has convictions for resisting arrest, third-degree promoting of a dangerous drug and second-degree arson.

“The prior record reflects a level of dangerousness that must be of concern to the court,” Cardoza said. “The charges here obviously are quite serious and could result in the defendant serving a significant term of imprisonment.”

Wilsey has pleaded not guilty to charges of first-degree burglary, second-degree robbery, second-degree theft and first-degree unauthorized entry into a motor vehicle.

If he posts bail to be released, Wilsey has been ordered to stay away from Harbor Lights. He also was ordered to stay away from a woman named as the victim in the robbery and theft charges.

A Sept. 9 trial is set for Wilsey.

Foster’s girlfriend, Chery Moniz, 29, of Kahului, also is charged with first-degree burglary in the case. Her attorney said last week that she wasn’t in the burglarized unit but police found her property there.

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