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The Honolulu Advertiser

Posted at 12:24 p.m., Friday, January 9, 2004

10 years added to escapees' sentences

By David Waite
Advertiser Staff Writer

Circuit Judge Marie Milks today sentenced two men who escaped from the state’s Halawa prison to 10 additional years behind bars and also ordered Albert Batalona and Warren Elicker to pay more than $91,000 each primarily to make up for overtime costs associated with their capture.

Batalona, Elicker and a third man, David Scribner, scraped away the grout between the "hollow tile" concrete blocks toward the back of their prison cells and on April 4 slid down knotted bed sheets into a utility corridor below. From there, they were able to force open a door that led to the outside and left via the prison’s main gate, which was not staffed at the time of the escape.

The three men drove a car taken from Stadium Mall to Hau'ula Valley, where they were able to evade capture for the next six days as police maintained around-the-clock surveillance of the Windward area and flew over trails and ridges with the police helicopter.

The three were arrested separately at various Windward O'ahu locations within hours of walking out of the valley the morning of April 10.

Milks agreed with a prosecution request to extend the normal five-year prison term for escape to 10 years for Batalona and Elicker. Batalona, who also was convicted of a robbery charge for stealing a cell phone from two men whose car was taken from Stadium Mall, also was sentenced to an additional 10 years — instead of the normal five years — on that count.

Milks ordered that Batalona, 27, may serve the two new prison sentences concurrently but made them consecutive to the life-without-parole sentence she imposed on him previously for the attempted murder of a police officer during the July 1999 armed robbery of the Kahala branch of American Savings Bank.

Elicker, 25, had just begun serving a minimum term of 13 years and four months on an armed robbery conviction at the time of his escape and must finish serving that sentence before he begins the 10-year term for escape, Milks ordered.

Scribner, 20, pleaded no contest to robbery and escape charges in June and was sentenced in August by Milks to 20 years in prison.