Plea deal in burglary during declared emergency

A 23-year-old Keaau man who burglarized a Puna home last year during a state of emergency declared by Mayor Billy Kenoi after the June 27 lava flow pleaded guilty Wednesday to lesser charges.

In a deal with prosecutors, Sebastian Hernandez entered guilty pleas to the reduced charge of first-degree burglary and to two unrelated charges of third-degree promotion of a dangerous drug. In return, prosecutors dropped charges of auto theft and other drug-related offenses, and agreed not to press another pending burglary charge from 2013.

Hilo Circuit Judge Greg Nakamura scheduled sentencing for 8 a.m. Sept. 25.

Hernandez faces a possible 10-year sentence on the burglary charge, a Class B felony, and up to five years on each of the drug charges — methamphetamine possession cases from 2013 and last year — served concurrently to the burglary sentence.

He could have received a 20-year sentence if convicted of committing the burglary during an emergency.

Hernandez, who has no prior felony convictions, is free to argue for a probation sentence in his case, the judge noted during the hearing.

According to police, at 6:50 a.m. on Nov. 12, officers responded to a report of a burglary in progress in Hawaiian Paradise Park.

A 60-year-old woman reported she saw a woman on her property on 3rd Avenue near Kaloli Drive and then saw a man attempting to steal her pickup truck. She told officers she confronted the pair, but they fled on foot before officers arrived. Police determined that the man had attempted to break into the house before being confronted by the victim.

A short time later, police arrested Hernandez and 25-year-old Olivia Medeiros of Mountain View nearby. Medeiros was released pending further investigation and has not been charged.

Hernandez is in custody at Hawaii Community Correctional Center in lieu of $18,000 bail. A bail hearing is set for 1:30 p.m. Aug. 12.

Email John Burnett at jburnett@hawaiitribune-herald.com.