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LikaNui
November 20th, 2007, 10:05 PM
The most recent example that makes me think we do need a 3-strike law is this Breaking News item (http://the.honoluluadvertiser.com/article/2007/Nov/20/br/br0685732194.html) that I just found on the Advertiser's website:

Kahala jewelry theft suspect has 66 prior convictions

Charges are pending against a Waimanalo man in connection with the theft of more than $22,600 worth of jewelry from a Kahala Mall department store.
The man, 48, was arrested for first-degree theft after a traffic stop by East Honolulu police yesterday on Kalaniana'ole Highway at 5:15 p.m. He was taken to The Queen's Medical Center for medical attention unrelated to the arrest, police said.
According to Hawai'i Criminal Justice Data Center records, the suspect has been convicted of 66 criminal offenses between July 1981 and October 2007. He has been arrested 153 times.
The man's most recent convictions were Oct. 8 for felony second-degree theft and misdemeanor third-degree theft. He was sentenced to one-year jail terms to run concurrently for both crimes.
(...)

I want to know what the hell this man is doing out on the streets! (Well, we know what he's doing. :p ) Obviously what I mean is why the hell he hasn't been in prison for the last two decades.
153 arrests. 66 convictions. And he's still free?!?? Folks, the man has been convicted of crimes almost 3 times a year... each and every year... for the past gosh-darned 26 years!!!!!!!!!!!! :eek:

Our judicial system is a frickin' disaster. :mad:

Zovo
November 20th, 2007, 10:18 PM
Our judicial system is a frickin' disaster. :mad:


Quoted for truth.

LikaNui
November 20th, 2007, 10:36 PM
Quoted for truth. Thanks for that. And my feeling is that every law-abiding citizen of Hawaii should be screaming about that story -- letters to the editor(s), complaints to our legislators/mayor/governor, and much more.
I want to know why the judges who keep releasing this cretin are still serving on the bench! :mad:
I want to know why the DA's office has let this happen! :mad:
Quit coddling the damned repeat offenders. If I was king of the world, here's the rule -- Three felony convictions, and throw away the key.

helen
November 20th, 2007, 11:37 PM
153 arrests. 66 convictions.

What kind of crimes? Was it minor kind like spitting on the sidewalk, littering, or shopliffting candy from a store?

Or was there any major or violent crimes in this person's background?

TuNnL
November 21st, 2007, 03:23 AM
What kind of crimes? Was it minor kind like spitting on the sidewalk, littering, or shopliffting candy from a store?Certainly, if these were the case, it would explain why he was out and about. It makes perfect sense. Nothing is wrong with our judicial system. But perhaps we need harsher penalties, like Singapore. Some suggestions: cut off the perpetrator’s tongue if he spits on the sidewalk. Cut off his finger if he shoplifts. :eek:

1stwahine
November 21st, 2007, 08:23 AM
Certainly, if these were the case, it would explain why he was out and about. It makes perfect sense. Nothing is wrong with our judicial system. But perhaps we need harsher penalties, like Singapore. Some suggestions: cut off the perpetrator’s tongue if he spits on the sidewalk. Cut off his finger if he shoplifts. :eek:

Send um to Auntie Pupule foa some mighty Whack Whacks!:p

Leo Lakio
November 21st, 2007, 09:12 AM
The part I can't figure out is this combination:The man's most recent convictions were Oct. 8 for felony second-degree theft and misdemeanor third-degree theft. He was sentenced to one-year jail terms to run concurrently for both crimes.
--- --- ---
The man, 48, was arrested for first-degree theft after a traffic stop by East Honolulu police yesterday on Kalaniana'ole Highway at 5:15 p.m.
If he was convicted and sentenced to a year in jail less than two months ago, how did he end up back out on the streets? :confused:

joshuatree
November 21st, 2007, 09:23 AM
The part I can't figure out is this combination:If he was convicted and sentenced to a year in jail less than two months ago, how did he end up back out on the streets? :confused:

The same way Paris Hilton served a few days or Michelle Rodriguez served a day, overcrowding of the system and a failed system to begin with.

TuNnL
November 21st, 2007, 11:30 AM
The same way Paris Hilton served a few days or Michelle Rodriguez served a day, overcrowding of the system and a failed system to begin with.A good guess, I suppose, but pure speculation. We would need to know more before we point the finger at either the judicial system, the prison system, or the parole board. ;)

joshuatree
November 21st, 2007, 12:09 PM
A good guess, I suppose, but pure speculation. We would need to know more before we point the finger at either the judicial system, the prison system, or the parole board. ;)

Yes, just a guess at this point but somehow, I don't think I'm too far off the mark. You really think there is nothing wrong with our judicial system? I sincerely hope you never have to use this system.

helen
November 21st, 2007, 12:20 PM
I am also wondering too if any of the convictions that this person only had fines and no jail time.

Zovo
November 21st, 2007, 12:32 PM
regardless of what the convictions were, it's pretty evident that this man has no respect for the law of the land and he should be punished on that account alone.

Not to mention that he has no respect for the rights of other people to their property. The fact that this guy has 66 convictions under his belt is indication enough for me that he is and will continue to be a menace to society and he should be taken off the streets.

Would you want a man with nearly 70 speeding/reckless driving violations screaming past grade schools at 90 miles an hour?

Leo Lakio
November 21st, 2007, 12:33 PM
I am also wondering too if any of the convictions that this person only had fines and no jail time.The initial story LikaNui quoted said he had been sentenced to jail time, for convictions handed down Oct. 8, 2007.

helen
November 21st, 2007, 12:43 PM
True, the latest one did get him in jail. I am just wondering about the other eariler ones that this person got convicted on.

zztype
November 21st, 2007, 12:44 PM
The latest one netted him two concurrent one year terms. Yet he's on the street 30 days later? Come ON!

Leo Lakio
November 21st, 2007, 12:53 PM
The latest one netted him two concurrent one year terms. Yet he's on the street 30 days later? Come ON!Thanks - that's exactly the question I'm wondering about. I understand that you can be free on bail after conviction and prior to sentencing, but AFTER sentencing? Even if he had been freed pending appeal, wouldn't it be obvious from his record of priors that he is a repeat-offending risk, and thus should have been imprisoned?

Zovo
November 21st, 2007, 12:55 PM
Maybe he has mob ties? :cool:

tutusue
November 21st, 2007, 01:29 PM
This thread is reminding me of the "3 strikes and your out" discussion we had on soc.culture.hawaii a few years ago and the ridiculous logic coming from one of the posters. IIRC, those who abandoned SCH for HT did so because of this particular poster! :rolleyes:

Memories...:D

oceanpacific
November 21st, 2007, 01:40 PM
Perhaps he couldn't make bail and his "time served" was applied against the sentences.

LikaNui
November 21st, 2007, 05:06 PM
Regardless of what the convictions were, it's pretty evident that this man has no respect for the law of the land and he should be punished on that account alone.
Not to mention that he has no respect for the rights of other people to their property. The fact that this guy has 66 convictions under his belt is indication enough for me that he is and will continue to be a menace to society and he should be taken off the streets. Amen to that, Zovo. Those are exactly the points I tried to make in the first post.
Sorry I wasn't able to check the thread earlier today, but thanks to everyone for your thoughts on the topic!
And thanks to Auntie Lynn for offering her legendary whack-whacks! Might be the best thing for that career criminal. :p

LikaNui
November 21st, 2007, 05:53 PM
Well well well, the Advertiser just now updated the story in this Breaking News item (http://the.honoluluadvertiser.com/article/2007/Nov/21/br/br0371456928.html), including this:

Prosecutors are expected to seek an extended sentence for the second time in three months against a career criminal charged today with the alleged theft of more than $22,000 of jewelry from Macy's at Kahala Mall.
Dean Mitchell Gouveia, 48, of Waimanalo is already facing a five-year sentence for felony second-degree and misdemeanor third-degree theft stemming from an October conviction unrelated to the alleged jewelry theft.
An attempt by prosecutors to empanel a jury to hear motions on extended sentencing for Gouveia as a repeat offender was denied in October by a judge, who continued sentencing for Gouveia to allow him to have surgery for a medical condition.
Gouveia, who has 66 prior convictions dating back to July 1981 and 153 arrests, was to have been sentenced yesterday for the October convictions. Instead, he was charged by information with first-degree theft for allegedly stealing a display case containing 72-80 pieces of bridge diamond jewelry valued at $150 to $390 each from Macy's fine jewelry store at Kahala Mall on Nov. 13.
Charging by information bypasses the probable-cause charging process that requires an initial appearance and preliminary hearing at District Court. Gouveia's bail is $20,000. He will be arraigned at Circuit Court on a date not yet determined. Gouveia can be released if he makes bail; otherwise he will be sent to the O'ahu Community Correctional Center.
(...)

So. This begs a new question. With 66 prior convictions, why is his bail ONLY $20,000?!??
Matter of fact, why does he qualify for bail at all?!?? :mad:
Just one more indicator that our judicial system is pathetic.
:mad:

tutusue
November 21st, 2007, 06:01 PM
[...]So. This begs a new question. With 66 prior convictions, why is his bail ONLY $20,000?!??
Matter of fact, why does he qualify for bail at all?!?? :mad:
Just one more indicator that our judicial system is pathetic.
:mad:
My thoughts, also. If that was you or me we'd have the book thrown at us. Why does this loser get off so light? Amazing.

Zovo
November 21st, 2007, 06:51 PM
. . . and what's with the special exceptions due to his medica condition? Last I checked, even prisons will make allowances for medical emergencies. There is no reason this couldn't have been locked up and transported to a hospital for his surgery and then back to his cell when he recovered.

LikaNui
November 22nd, 2007, 08:15 AM
The Star-Bulletin has the story at this link (http://starbulletin.com/2007/11/22/news/story10.html) in today's edition, including:
(...)
Dean Gouveia, 48, was charged yesterday with first-degree theft, with bail set at $20,000. Since 1981, Gouveia has been convicted 66 times of offenses ranging from traffic and contempt of court to theft, drug and abuse charges.
According to court documents, police Sgt. Stuart Yano reviewed surveillance video of the theft and recognized the suspect as Gouveia.
(...)
A sales associate "thought it was odd and that he was stealing it from the store," the affidavit said. "So when he walked out the door, she followed him and saw him get into a pickup truck bearing State of Hawaii license plate GVD 968."
(...)
The Star-Bulletin article (at the link above) also lists some of the specific dates and convictions against Gouveia, including drug dealing, terroristic threatening, abuse of family members, and many others.
And here is the Advertiser's photo today of Dean Mitchell Gouveia:

68-eldo
November 23rd, 2007, 10:18 AM
It’s my understanding that the basic problem is overcrowding in the prison system. Cells designed to house 4 prisoners house 6 instead. If the judge sends someone to prison someone else must be released to make room. They try to release the guy with the least violent record and has served the greatest portion of his sentence. Sometimes this works out to be the guy that just came in last week.

Remember years ago Gov. Cayetano tried to get a new prison built. The NIMBYs blocked him at every turn. Even the big island with all its space prevented him from building the prison there. Now the long term prisoners are sent to mainland prisons.

A secondary cause is a totally ineffective rehabilitation program. There are too many prisoners and not enough money for that to work.

Adri
November 23rd, 2007, 11:49 AM
. . . and what's with the special exceptions due to his medica condition? Last I checked, even prisons will make allowances for medical emergencies. There is no reason this couldn't have been locked up and transported to a hospital for his surgery and then back to his cell when he recovered.

I could be wrong, but I suspect the difference between holding off on sentencing so that Mr. Gouveia can have surgery and having him in custody and transporting him to a hospital to have surgery turns upon who pays the medical bills. If he's in custody, I believe the taxpayers pick up the tab for medical treatment while he's in custody; otherwise he's on his own for his medical bills (unless he's getting government assistance with health care through a welfare program anyhow).

I also suspect that his light (so far) sentencing is largely a result of prison overcrowding and the fact that his list of crimes seem to be non-violent to the general public. Not many people here in Hawaii want a new prison built near them and there have been outcries when we send our prisoners to the mainland to serve their sentence and there are limits to how many people can be held in our existing facilities. It's a matter of releasing the people the State hopes are least dangerous and violent to the general public (there have been issues with even domestic violence cases where the person is considered a danger to one or two people but not the general public and still may get no more than 48 hours in jail with credit for time served while waiting for the hearing).

GeckoGeek
December 10th, 2007, 10:49 PM
I believe both the Federal and State Constitution indicate that part of the purpose for government is for the collective protection of the citizens. I'm waiting for the first lawsuit that claims the current situation is unconstitutional and put some of the public's rights back into the system.

LikaNui
January 31st, 2008, 07:36 PM
Reviving this thread because of this idiot's story (http://the.honoluluadvertiser.com/article/2008/Jan/31/br/br8035974162.html) on the Advertiser's website:
Police didn't have to do much to catch a suspected thief last night.
That's because Gregory Chun, 45, of 'Ewa Beach allegedly entered a parked van through an unlocked front door, not knowing plainclothes officers were in the back conducting a surveillance operation.
Officers allegedly saw Chun take a duffle bag from the front floor of the van and arrested him at 11:55 p.m. at Sheridan and Kamaile streets. Chun was allegedly searching through the bag on the sidewalk when confronted by police.
Chun, who has 37 convictions according to Hawai'i Criminal Justice Data Center records, was charged today with first-degree unauthorized entry into a motor vehicle and misdemeanor resisting arrest. His bail is set at $25,000.
Yes, it's laughable that he picked the wrong van to rob, but... 37 prior convictions... still out on the streets... and only $25,000 bail? :mad:

GeckoGeek
January 31st, 2008, 09:05 PM
Well, they're talking about tent prisons. I think the real problem here is the lack of prison space. So the more space we can get, the more of these clowns we can lock away.