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The Honolulu Advertiser
Updated at 2:25 p.m., Tuesday, November 25, 2008

Repeat DUI offender gets 5 years in Maui case

By MELISSA TANJI
The Maui News

WAILUKU - A 48-year-old Kula man, repeatedly convicted for driving under the influence, was sentenced last week to five years in prison for leaving the scene of a vehicle accident in which a woman was hurt.

Second Circuit Judge Joseph Cardoza also ordered Shanklin Kama Freitas to pay $503.50 in restitution and perform 100 hours of community service.

Freitas, whose license had been suspended for DUI when he was involved in the January accident, had another two years added to a license suspension.

He had pleaded no contest to first-degree negligent injury, leaving an accident involving death or serious bodily injury, driving while his license was suspended or revoked for DUI and driving without no-fault insurance.

According to court records, the charges stem from a Jan. 10 incident in which Freitas was driving a black Toyota truck and passed a vehicle in a no-passing zone on Kula Highway. The truck hit the vehicle it was passing and overturned while the car spun out of control and hit a guardrail.

Freitas fled the scene while the driver of the car, Sherry Lynn Maresca, was injured. Freitas told police he ran away because he didn't have a license, court records show.

In a letter to the court, Maresca said she had to undergo therapy and still has pain from the accident. She can no longer ride dirt bikes. Her relatives said she is nervous about driving.

Court records show that Freitas had multiple DUI convictions dating back to 1985.

Deputy Prosecutor Melinda Mendes said outside of court Wednesday that "community safety warranted (Freitas) going to prison."

In unrelated cases in 2nd Circuit Court last week:

* Vincent Del Rosario, 61, of Lanai City, was sentenced to five years' probation and ordered to pay nearly $22,000 in restitution on Friday for taking payment for contracting work he never completed.

Following terms of a plea agreement, Circuit Judge Richard Bissen also placed Del Rosario on one year of probation for promising to work without a contractor's license.

Del Rosario was also ordered to do 500 hours of community service and to write a letter of apology to the victims.

"I did wrong," Del Rosario told the court. "I'd like to make things right so I can walk tall on the streets. . . . "

"The least you should do is make it right," Bissen said.

Bissen said Del Rosario used religious affiliations to gain the trust of his victims and victimized retirees who live on fixed incomes.

Del Rosario pleaded no contest to two counts of second-degree theft and two counts of unlicensed activity.

* Drake F.K. Daniels Jr., 22, of Wailuku was sentenced to five years' probation and ordered to pay $1,539.82 in restitution for stealing money and a charge card and using the card taken from his former employer, Ali'i Leis Flowers & Greeting Service.

Circuit Judge Joel August said he would go along with the recommendation from probation officers to give Daniels a chance to clear the conviction from his record, noting that probation officers rarely support granting a deferred plea.

August also ordered Daniels to do 200 hours of community service, write a letter of apology to the victims and obtain his high school equivalency diploma within two years.

"It's time to start using your potential. Don't waste it," he said.

Deputy Prosecutor Brandon Paredes said officials at Ali'i Leis thought Daniels was a nice guy and didn't think jail was necessary, but wanted him to do community service so he learns his lesson. But Paredes objected to granting Daniels a deferred plea.

Daniels had pleaded no contest to second-degree theft, credit card theft and credit card fraud for incidents from October 2007 through February of this year.

* Melissa Tanji can be reached at mtanji@mauinews.com.