‘Naughty’ defendant gets five years prison for thefts and other crimes

WAILUKU — Saying a defendant was “more naughty than nice,” a judge sentenced a man to five years in prison for thefts and other crimes.

Jessie Dutro, 37, of Kihei had agreed to the prison sentence as part of a plea agreement dismissing some charges and dismissing another case.

“I made my list. I checked it twice,” 2nd Circuit Judge Rhonda Loo said in sentencing Dutro on Wednesday. “I tried to figure out whether you’re more naughty or nice. I hate to say it, you’re more naughty than nice.”

In three criminal cases, Dutro had pleaded no contest to four counts of second-degree theft, unauthorized control of a propelled vehicle, three counts of credit card theft, second-degree criminal property damage, unauthorized possession of confidential personal information, fourth-degree theft and first-degree bail jumping.

Some of the crimes occurred in July 2017 when a man used his girlfriend’s car to follow his stolen truck to a Sand Piles Beach in Waiehu and confronted Dutro, who was leaving from the driver’s side of the truck, said Deputy Prosecutor Joanne Hicks. When the owner asked what Dutro was doing by his truck, Dutro hit the other man on his left shoulder, Hicks said.

She said another man was in the passenger seat of the truck when Dutro pulled the owner out of the truck by his hair.

Then Dutro got back into the truck with the passenger and reversed into the victim’s car, causing about $1,500 in damage, Hicks said.

In another case in December 2017, Dutro was found with belongings stolen when four vehicles were broken into while parked at a dirt lot at Kanaha Beach Park in Kahului, Hicks said.

She said police tracked stolen cellphones to Queen Ka‘ahumanu Center, where Dutro was sitting on a bench in front of the mall. Police officers saw him walk behind the bench to bushes, where they later found one stolen phone discarded, Hicks said.

Dutro didn’t show up for a pretrial conference in December 2017, leading to the bail jumping charge.

Hicks said Dutro has prior convictions for attempted firstdegree unauthorized entry into a motor vehicle, three counts of first-degree unauthorized entry into a motor vehicle, seconddegree burglary, second-degree escape, three counts of unauthorized control of a propelled vehicle, resisting an order to stop a motor vehicle, three counts of driving without a license, driving while his license was suspended or revoked, harassment, resisting arrest and two counts of second-degree promotion of a dangerous drug.

“He’s continuing to conduct himself in this way where he hurts members of this community over and over,” Hicks said. “He takes and he hurts as well.”

Defense attorney Josh James said that after spending three years in jail, Dutro was “ready to move on to a more responsible adult life.”

Dutro disputed some details about the crimes and said he now was motivated to take care of his young daughter.

“Today is a new day,” he said. “Yes, I made some mistakes. At the time, I was in a whole different lifestyle — the people, the drugs.

“I really not one bad guy. I just get involved with dumb things.”

Judge Loo noted that when police found him at the shopping center after the vehicles were broken into at the beach, he was wearing sunglasses from one victim, had a tool box from another victim and two other cellphones belonging to victims. He also had a bag containing clothing that had been stolen in the break-ins earlier in the day.

“Heck of a coincidence, don’t you think?” she asked Dutro.

Noting that the break-ins occurred while vehicle owners were surfing, Loo said: “People think that sharks are dangerous in the water. People forget that land sharks, the thieving kind, are just as dangerous.”

She noted that Dutro had been sentenced to five-year prison terms in 2003, 2009 and 2012 for similar crimes.

“You went from naughty to naughtier and naughtiest,” Loo said. “You didn’t stop until you got caught.”