HILO — A 49-year-old Pahoa woman who pleaded no contest to burglarizing a home and breaking into a car was sentenced Monday to probation and was allowed to enter the Big Island Drug Court program despite 16 prior felony convictions dating from 1993 and the objection of the prosecutor in the case.
Hilo Circuit Judge Greg Nakamura sentenced Bella Rita Carvalho to four years of probation and credit for time served in jail for first-degree burglary, unauthorized entry to a motor vehicle, plus misdemeanor and petty misdemeanor attempted theft charges so Carvalho could enter the drug court program. He also ordered Carvalho to make $1,185.75 in restitution to the burglary victims.
In return for Carvalho’s no-contest pleas, multiple theft and forgery charges, a felony drug charge and a felony charge of being a habitual property criminal were dropped.
The plea deal allowed the prosecution to argue for prison and Carvalho’s attorneys, Deputy Public Defenders Michael Ebesugawa and Patrick Munoz, to argue for probation.
Deputy Prosecutor Kelden Waltjen made a final plea to the judge to sentence Carvalho to 10 years in prison for the burglary charge, a Class B felony offense.
“Your Honor, the state’s understanding is the defendant is going to be admitted into the Big Island Drug Court program. I just want to make it record very clear that it’s over the state’s objection. The state believes that the defendant is a drug addict, a thief and a liar,” Waltjen said. “… I think it’s fair to note the unauthorized entry to a motor vehicle … was committed back in March … after the defendant had been placed on supervised release for 18 charges.”
The supervised release was for a Sept. 3, 2016, burglary in which power tools, jewelry, household items, personal documents and blank checks were taken from a home on 15th Avenue in the Hawaiian Paradise Park subdivision in Puna.
The car break-in occurred March 1 in the Puainako KTA Super Stores parking lot. The car owner confronted Carvalho and took back his belongings, which were in a recyclable shopping bag.
“It’s pretty clear here that the defendant is asking and begging the court for mercy, asking for one last chance at probation,” Waltjen said. “However, the state doesn’t feel the defendant is worth it, at this point.”
Carvalho addressed the court briefly during sentencing and thanked the judge “for giving me this opportunity.”
“I know my past history isn’t good,” Carvalho said. “And I don’t blame people, how they feel. … I don’t want to sound mean or anything, but I’m going to prove and show to the prosecutor and whoever else thinks that I’m no good and not worthy … that I am worthy. I am.”