Thread: HI-Illegal immigrant faces jail in crash

Illegal immigrant faces jail in crash
By LILA FUJIMOTO
October 11, 2009


WAILUKU - An illegal immigrant who is facing deportation to Mexico was sentenced Wednesday to a one-year jail term after he was arrested with forged documents following a traffic collision earlier this year.

Speaking through a Spanish interpreter, Victor Manuel Alcantara-Martinez, 20, apologized and said he was wrong for "driving a little bit fast" before hitting the other vehicle at 8:22 p.m. April 20.

According to police, Alcantara-Martinez was leaving the parking lot of Kaanapali Beach Club when he hit the side of a rental car traveling on Lower Honoapiilani Road. He showed police a driver's license that appeared to have been produced using an ink-jet copier and also had a fake Social Security number, police reported.

Questioned by police, Alcantara-Martinez said he had bought the fake Social Security card in Los Angeles, then took a flight to Hawaii, where he had lived for two years. He admitted to being in the United States illegally, saying it was too difficult to become a U.S. citizen, according to court records.

Alcantara-Martinez had pleaded no contest to two reduced counts of second-degree forgery of the documents, reckless driving and driving without a license.

About 15 people were in the courtroom gallery Wednesday to support Alcantara-Martinez.

Second Circuit Judge Joel August said letters to the court from former employers and church members indicated the defendant was "a law-abiding and hardworking resident of Maui for the time he has been here."

A letter from Alcantara-Martinez, written in English, was "more articulate than many of the letters" from people in his situation, August said. "It does seem to indicate a sincere desire on his part to dedicate his life to helping his fellow man and staying away from things that would get him into trouble, whether here or in Mexico," August said.

The balance of the one-year jail term could be suspended if Alcantara-Martinez is taken into custody of immigration authorities, August said.

In other sentencings:

* A 24-year-old Molokai woman was ordered to perform 200 hours of community service and repay $304 she stole from a co-worker two years ago.

Shalina Franco also was placed on five years' probation Wednesday.

She had pleaded no contest to second-degree theft of the money, which was stolen Oct. 23, 2007, from the purse of a co-worker at Rawlins Service Chevron snack shop.

According to police reports, she used some of the money to buy beer, cigarettes and food, gave $25 to someone for gasoline and used $40 to repay someone.

August questioned Franco about the theft, which occurred within days of her getting the job. The judge noted that Franco has an 8th-grade education and four children and receives welfare benefits.

"I wasn't thinking," she said. "I knew I would get caught. I told them I did it."

August suspended a 10-day jail term for Franco and ordered her to obtain the equivalent of her high school diploma within three years.

"This is your time to finally grow up and be responsible," he said. "You can be a role model by being educated and getting yourself a job."

* A 27-year-old Wailuku man is serving the rest of a one-year jail term for burglarizing a Kahului restaurant to steal a laptop computer, digital camera and two MP3 players last year.

Ryan Valdez also was placed on five years' probation as part of his sentence Tuesday.

He had pleaded no contest to second-degree burglary, second-degree theft, two counts each of third-degree promotion of a dangerous drug and possessing drug paraphernalia and third-degree promotion of a detrimental drug.

The burglary was reported Dec. 9 at Cary and Eddie's Hideaway in Kahului. After the laptop computer and other items were discovered missing, the employee remembered seeing a man, later identified as Valdez, sitting outside while saying he was waiting for someone at about 5 p.m. Valdez was identified by a regular customer who knew him.

Police located Valdez on Ukali Street in Paukukalo, finding a backpack containing the computer, as well as other stolen items and another backpack containing methamphetamine in a glass smoking pipe and in a plastic packet and marijuana.

The arrest occurred within several months of Valdez's release from prison in April 2008, after he had served a five-year term on drug charges.

In court, Valdez said he would try to enter drug treatment after he is released this time.

Deputy Prosecutor J.D. Kim said restaurant owner Eddie Rivera also hoped that Valdez would enter drug treatment. Most of the stolen property was recovered, Kim said.

Second Circuit Judge Joseph Cardoza said Valdez could succeed in rehabilitation but it would mean making changes including avoiding talking to old friends and going to places where he used drugs.

"The same temptations you faced before will be there again," Cardoza said.

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


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Second Circuit Judge Joel August said letters to the court from former employers and church members indicated the defendant was "a law-abiding and hardworking resident of Maui for the time he has been here."

Okay JUDGE, explain how you consider someone with a FORGED ID, social security card, and a job "law abiding"????? It's Judges like you how are part of the problem, and not part of the solution. Add to that driving without a license, and probably no insurance ... and to you this is law abiding?