Crime at Arizona Memorial can now mean federal time

By Scott Ishikawa
Advertiser Staff Writer

To discourage criminals from breaking into cars at the USS Arizona Memorial, officials have added layers of security and surveillance cameras.

Now they're adding the strong arm of federal law, where penalties can be stiffer in certain cases and there is no chance for parole.

The U.S. attorney's office, the Honolulu Police Department, Navy, and National Park Service hope to send more Arizona Memorial theft cases to federal court, since the area is federal property belonging to the Navy and National Park Service.

"We're all working together in using the federal court to nail our perpetual suspects," said Honolulu police Detective Letha DeCaires, who helped work the HPD side of the investigation. "We need to show these guys that the revolving prison door for property crimes stops with federal time."

The first recent case using the federal charges involves Dennis Pace, 33, who was sentenced two weeks ago for stealing personal property from vehicles at the Arizona Memorial visitor parking lot, and damaging property on federal land.

Pace was given an eight-month federal sentence with no chance of parole.

The city prosecutor's office also had the authority to prosecute Pace, but the case was sent to federal prosecutors because of tougher sentences in federal court for his crimes.

In the past, federal and city prosecutors have conferred when both have had the authority to prosecute crimes. Cases generally have been sent to either federal or state courts, based on which jurisdiction has stiffer sentences.

One notable case involves the four armed masked men in the 1999 takeover of American Savings Bank's Kahala branch. Three were prosecuted in federal courts for bank robbery, but Albert Batalona was convicted in state courts for firing at a police officer because the crime carried a harsher state sentence of life without parole than he would have gotten in federal court.

In addition, the U.S. attorney's office has prosecuted purse snatchers and other property criminals preying on tourists to get harsher sentences.

Assistant U.S. Attorney Ron Johnson said Pace's case is not the first time someone breaking into a car at the Arizona Memorial has been tried in federal court. But he said justice officials plan to take this direction more often in dealing with thefts there.

This is the first time Pace has been convicted for breaking into a vehicle. He was convicted for two counts of burglary in 1994 in state courts, but served no jail time, according to court documents.

City prosecutor Peter Carlisle believes that in state court, Pace could have got prison time as a repeat offender, but there is no guarantee.

"The sentencing also depends on how deep is the person's criminal record," he said. "But I really applaud the federal efforts because if we can keep them in jail longer without parole, that's fine."

Carlisle said for repeat offenders of vehicle break-ins, city prosecutors can ask for a "mandatory minimum" average sentence of one year and eight months, but said even the minimum mandatory sentence isn't always guaranteed by state judges. The maximum sentence is five years.

"Whatever they get on the federal side is what they will serve," Carlisle said. "It's a little more clear-cut. Car break-ins are a frustrating problem right now for all of us because larceny-theft is out of control."

Although National Park Service officials did not have specific figures on vehicle break-ins at the Arizona Memorial, they acknowledge thefts there have increased following the Sept. 11 attacks. A ban on carry-ons to the memorial site for security reasons has prompted more people to leave their valuables in their vehicles.

Armed federal rangers and a rental storage area have been put in place to help curb the problem, chief National Park Service ranger Bernard Doyle said.

Pace pleaded guilty in his case and admitted to breaking into a rental car at the visitor parking lot with another man and taking all the travel belongings of a Missouri couple, including credit cards, cellular phone and airline tickets. The couple was on the way to the airport to fly home, police said.

At Pace's sentencing Nov. 12, federal District Judge David Ezra also ordered Pace to help repay $6,000 to the Mainland couple and rental car company for stolen and damaged property.

Doyle said private security guards are being trained and will assist rangers in patrolling the parking lot starting next month.

Doyle said the National Park Service is negotiating with the Navy in lifting the visitor center ban on carry-ons, possibly starting in February. A rental baggage storage will continue to operate in the parking lot, he said.

"The best advice we can give tourists is not to leave their valuables in their vehicles, but back at the hotel, in a safe, if possible," Doyle said.

Reach Scott Ishikawa at sishikawa@honoluluadvertiser.com or at 535-8110.