A 23-year-old Keaau man who burglarized a Hawaiian Paradise Park home last year during a state of emergency declared in response to the June 27 lava flow was sentenced Friday to four years probation.
A 23-year-old Keaau man who burglarized a Hawaiian Paradise Park home last year during a state of emergency declared in response to the June 27 lava flow was sentenced Friday to four years probation.
Hilo Circuit Judge Greg Nakamura also sentenced Sebastian Hernandez to 18 months in jail, but told Hernandez if he complies with the terms of his probation, he’ll only have to serve a year.
Hernandez, who has no prior felony convictions, spent about nine months in jail, unable to post bail, prior to his supervised release following his guilty plea last month, so he’ll only spend an additional three months behind bars. The judge allowed him to remain free until Oct. 9.
Hernandez pleaded guilty last month to a reduced charge of first-degree burglary, which carries a possible 10-year prison term instead of a 20-year sentence for committing the burglary during an emergency. He also pleaded guilty to third-degree promotion of a detrimental drug, which carries a possible five-year prison term.
Deputy Prosecutor Shannon Kagawa requested the 10-year prison term for the burglary and a concurrent five-year term on the drug charge.
“The defendant was given the opportunity on supervised release (and) he failed to get (substance abuse) assessment,” she said. “He hasn’t been drug-tested since he’s been on supervised release.”
Deputy Public Defender Sherilyn Tavares argued for probation, and said terms of Hernandez’s supervised release didn’t require drug testing.
“If they had ordered him to do so, he would have done so,” she said.
Hernandez and 25-year-old Olivia Medeiros of Mountain View were arrested shortly after the report of a burglary in progress in Hawaiian Paradise Park at about 6:50 a.m. Nov. 12. The victim, a 60-year-old woman, told police she saw a woman on her Third Avenue property near Kaloli Drive, then spotted a man trying to steal her pickup truck. Police say Hernandez also attempted to break into the house before being confronted by the victim.
Hernandez told the judge his “actions caused everyone to look at me differently.”
“I have made everyone disappointed in me. I am also disappointed in myself,” he said, reading from a prepared statement. “I should never did those things. I should have never did any of this because I am not that type of person.”
Hernandez also was ordered to make restitution of $560 to the victim.
Email John Burnett at jburnett@hawaiitribune-herald.com.