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‘Changed man’ given four years’ probation

Kawika Franco says he is turning life around after Haiku home burglary

WAILUKU — Saying a defendant had worked to make changes in his life, a judge placed a man on four years’ probation for burglarizing a Haiku residence and damaging property.

“You put the puzzle together yourself today,” 2nd Circuit Judge Peter Cahill said in sentencing Kawika Franco on Tuesday. “You earned the opportunity to be on probation.”

In two criminal cases, Franco, 40, of Haiku had pleaded no contest to first-degree burglary, second-degree criminal property damage and first-degree criminal trespassing.

In one case, on Sept. 25, 2018, Franco smashed and damaged a door to enter and ransack a house on Hana Highway in Haiku, said Deputy Prosecutor Annalisa Bernard Lee. “The house was in disarray,” she said. “There were kitchen knives stabbed into the kitchen counter.”

She said the outside of the house also was in disarray, with a trampoline and potted plants overturned.

When the residents arrived home, they saw Franco doing the damage.

“They had no idea who he was,” Bernard Lee said. “They were extremely terrified.”

She said Franco was “sweating profusely” and “speaking gibberish.”

“He appeared to be under the influence of an intoxicant,” she said.

She said the damage was in the thousands of dollars.

Less than a month later on Oct. 15, 2018, on Kahiapo Place in the same Haiku neighborhood near the community center and school, several residents reported seeing Franco walking around their homes. A woman who was getting ready to pick up her 5-year-old daughter saw Franco walk onto her property and bang on her door and window, “which made her very afraid,” Bernard Lee said.

“She locked all of her doors and windows, called the police,” she said. “He still came back and tried to break into the house while she was there, which frightened and terrified her.”

Franco left. Police found him and pulled him over, but he sped off, Bernard Lee said. Police had to go to Franco’s home to arrest him.

Franco had been released from prison several months earlier in December 2017, Bernard Lee said. He had been sentenced to five years in prison for multiple counts of habitually driving under the influence of an intoxicant, firearms offenses and third-degree promoting of a dangerous drug, according to court records.

She said an agreement between the defense and prosecution recommended probation for Franco in hopes that he would address issues including drug use.

Bernard Lee spoke at a hearing in February, when Franco originally had been set to be sentenced.

Judge Cahill delayed the sentencing so Franco could undergo additional drug testing.

“I want to be able to follow the plea deal,” Cahill said then. “I want to give you the chance.”

On Tuesday, Deputy Public Defender Jeffrey Wolfenbarger said Franco had tested negative for drug use and had undergone hip surgery. He said he was injured as a teenager when he was shot at a party at Chang’s Beach in Makena.

“He’s really worked on himself mentally and physically,” Wolfenbarger said. “I think he’s on the right track.”

Speaking in court, Franco said, “I’m a changed man.”

After being released from prison, Franco said he fell into depression and an unhealthy relationship.

“I’m sorry for the victim, very sorry,” he said. “I was dealing with a lot of things in my head, so it happened. It was a bad thing that happened.”

Franco said he was involved in Jehovah’s Witnesses “and I’m obedient to Jehovah.”

“It gave me a peace,” he said. “I’m a better person.”

He said he also was involved in support group meetings.

“I live to help others ’cause I’ve been through a lot,” Franco said. “It makes me feel good about myself, being part of something good.”

Judge Cahill said he appreciated that Franco acknowledged the harm to the victim. Many people had shown up to support Franco at his original sentencing date, Cahill noted.

Franco was given credit for nearly seven months he previously spent in jail. He was ordered to pay $700 in restitution.

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

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