Man who stole five vehicles gets five years in prison

Prosecutor says defendant given ‘too many chances’

A man who was on probation when he was arrested for stealing five vehicles and possessing drugs was sentenced Thursday to five years in prison.

Devin Fulcher, 32, who gave no local address, had agreed to the prison sentence as part of a plea agreement amending some charges and dismissing others in five criminal cases.

Fulcher had pleaded no contest to five counts of second-degree theft, third-degree theft, resisting arrest, fourth-degree criminal property damage and three counts of third-degree promoting of a dangerous drug.

The crimes occurred from Aug. 8 to Nov. 20, 2017, according to court records. The stolen vehicles included a John Deere riding lawnmower, a 2005 Honda motorcycle minibike, a 2008 Yamaha motorcycle, a 2014 Honda C500F motorcycle and a 2002 Toyota Tacoma.

In his last arrest on Nov. 20, 2017, police found Fulcher asleep in a Toyota Tacoma parked on Baldwin Avenue in Paia and reported smelling marijuana coming from the vehicle, according to court records. Police reported recovering methamphetamine and oxycodone.

“He understands perfectly well that he cannot come in here and ask for something like probation,”î said Deputy Public Defender Ben Lowenthal. “There are too many offenses, too many chances given. Prison is the appropriate sentence, sadly.”

Lowenthal said the crimes were related to Fulcher’s “vicious addiction to opiates.”

“It escalated from there, and other drugs were involved,î Lowenthal said.

Fulcher thanked family members who were in the courtroom gallery Thursday.

“I just want to apologize to everybody that I hurt,” he said.

Second Circuit Judge Peter Cahill asked Fulcher how he would pay back victims.

“Get an honest working job,” he said.

Fulcher said he has been incarcerated for the past two years and doesn’t have money now.

Cahill waived more than $6,000 in fees for Fulcher, but ordered that he pay $11,415 in restitution to four victims whose vehicles were stolen.

In three cases, Fulcher’s probation was revoked and he was resentenced to five-year prison terms for second-degree theft and unauthorized control of a propelled vehicle, a one-year jail term for third-degree assault and 30 days for harassment.

Fulcher will serve all the prison and jail terms at the same time.

In another sentencing Thursday, a 31-year-old Pukalani man was placed on four years’ probation for threatening another driver with a pipe in a case of road rage.

Kalei Rin-Kaai had pleaded no contest to first-degree terroristic threatening.

He was arrested June 26 after confronting another driver on Amala Place near Kaa Point in Kahului, according to police.

ìHe thought the victim was speeding on the road to Kanaha,î said Deputy Prosecutor Johann Smith.

He said Rin-Kaai took matters into his own hands, using physical force and parking his car in the middle of the road to cause a potential hazard.

“I hope he is thinking about an alternative way of handling this, like calling police who love to give speeding tickets and would have given this guy a speeding ticket,î” Smith said.

Rin-Kaai was ordered not to consume alcohol or illegal drugs and to complete anger management or an equivalent program.

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


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