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Jail terms are issued for two men violating emergency rules

3-, 5-day sentences are handed down

Charles Powell

WAILUKU — Jail terms of three and five days were ordered Monday for two men who were arrested last week in South Maui for violating public health emergency rules, including one man who jumped into the ocean at Maalaea and tried to swim away.

Over the weekend, five people were arrested for violations of the stay-at-home order issued to try to prevent the spread of COVID-19, bringing the total number of arrests to six, according to police. Police reported citing 84 people for violations Saturday, Sunday and Monday, most in Kihei and Lahaina districts and at beaches, for a total of 146 citations issued since March 28.

The largest number of citations has been in the Kihei district with 66, followed by Lahaina with 39, Lanai with 16 and Molokai with 13. Seven citations have been issued in Hana and five in the Wailuku district.

On Monday, two of the men arrested in South Maui appeared in Wailuku District Court. Police said the men violated the order by being in public areas while not conducting essential business or essential activities.

Erik Wunderlich, 42, who said he now is known as Mike Jones, pleaded no contest to fourth-degree criminal property damage and violating a public health emergency rule in connection with his arrest shortly before 2 p.m. Saturday.

Mica Sean Gibson

He was seen using a tent stake to scratch paint off a vehicle, causing about $200 in damage, at about noon at Maalaea Small Boat Harbor near Coast Guard Station Maui, according to an affidavit filed in court to support the charges. He fled, jumping into the ocean and was swimming away, police said. The Coast Guard followed by boat, and Wunderlich was detained when he came out of the water, according to the affidavit.

“It was me who did the thing,” he said in court. “It was so manini.”

Judge Kirstin Hamman followed a plea deal between the defense and prosecution in sentencing Wunderlich to a three-day jail term, which he has already served.

“It’s a world pandemic. Everybody is in danger,” she said. “You need to take the rules seriously. It’s not manini and lives are at stake, and we’re all responsible because we’re all interconnected.”

She ordered a five-day jail term for Charles Powell, 53, who pleaded no contest to disorderly conduct and violating a public health emergency rule. He was arrested Wednesday morning at Azeka Makai shopping center, where he was seen sitting on a stolen red motorcycle, police reported.

Harry Jaramillo III

Officers had made repeated contact with Powell for being disorderly, and he had been warned and reprimanded to abide by the emergency rules over several days, police said.

“These rules are in place for a reason,” Hamman told Powell. “It’s a very different time. It’s a dangerous time. We all need to follow these rules.”

Both Powell and Wunderlich reported not having local addresses.

“The irony is I don’t have a home to go to for the stay-at-home order,” Powell said in court.

Four other men were released on their own recognizance after being arrested for violating a public health emergency order. Harry Jaramillo III and Leeland Alavazo, both 23 and of Lahaina, were arrested at about 10:30 p.m. Saturday in the Lahaina district. Alavazo also was charged with resisting arrest.

Armando Cardona

Mica Sean Gibson, 40, of Kihei was arrested at 8 a.m. in the Kihei district. Armando Cardona, 25, of Kahului was arrested at 9:05 p.m. in the Wailuku district. He also was charged with disorderly conduct.

Maui police spokeswoman Lt. Audra Sellers said police are continuing beach patrols and in some cases issuing citations for violations.

A photo posted Thursday on the Instagram account of Napili Surf Beach Resort showed police officers issuing citations to two groups of beachgoers sitting at Napili Bay after previous warnings.

“The last thing we want to do is cite people, but it seems like education’s not helping,” Sellers said. “For us, it’s trying to protect the whole community.

“It’s easy for people to find a loophole. I just hope that the community will rally together. There’s a lot of people that are complying.”

Violating a public health emergency rule is a misdemeanor offense carrying a penalty of up to one year in jail and up to a $5,000 fine.

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

** This story includes a headline correction from the original published Tuesday, April 7, 2020.

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