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The Honolulu Advertiser
Posted on: Friday, July 28, 2006

Ten years sought in theft of copper

By Ken Kobayashi
Advertiser Courts Writer

City prosecutors want a Honolulu man to serve the maximum 10 years in prison for stealing what they say was 52 tons of copper from an electrical company where he worked.

Shane Boyle, 35, then arranged for the sale of the copper — worth about $235,000 — as scrap metal to recyclers and received more than $90,000 in cash, the prosecutors said.

Boyle, former warehouse manager at Graybar Electric Co. Inc., directed drivers in 2003 and 2004 to take hundreds of spools of copper wiring from the company's Mapunapuna warehouse to recyclers in exchange for cash, which he kept, city prosecutors said.

Boyle, however, will ask that he be given a chance to have his case dropped and that he not be sent to prison so he can continue working in his current job as a delivery driver to pay back the company.

His lawyer, David Hayakawa, said his client made a "terrible mistake," but he quickly took responsibility for his actions by not challenging the felony theft charge and pleading no contest.

Circuit Judge Virginia Crandall scheduled a hearing for Monday on whether to grant the defense request or sentence him.

Prices of copper surged earlier this year, leading thieves to steal copper wire, tubing and other items from schools, government facilities, highway lights, churches and construction sites. Recycling companies are still paying more than $2 a pound for copper.

Boyle is accused of stealing the copper before the price surge, however. Based on the prosecution's estimate that he stole 105,000 pounds of copper, Boyle got less than a dollar a pound.

In asking for the 10-year term, City Deputy Prosecutor Chris Van Marter submitted a sentencing recommendation that said "occupational fraud" is a serious problem in the country, with an estimated $660 billion in annual losses to American businesses.

The recyclers paid $93,000, according to Van Marter. Boyle paid two drivers $2,000 and kept the rest for himself, Van Marter said.

Boyle was fired after the theft was uncovered during an internal company audit in December 2004, Van Marter said.

He said Boyle was motivated by "greed" to finance a lifestyle beyond his salary.

An investigation showed that he bragged about having an expensive liquor and cigar collection and that he bet large amounts of money on football games, according to Van Marter.

Hayakawa said his client is now a responsible employee who hopes he can continue working to pay restitution, which he has agreed to do.

"I apologize for breaking the law by taking the wire from Graybar Electric," Boyle said in a statement submitted to court. "I know what I did was wrong and I know that I have to take my punishment for doing it."

He asked that he not be sent to prison and said he can keep his job if he gets probation.

Boyle said he wasn't the only one taking the copper wire, but will pay back whatever the court orders in restitution.

"I know that I could do very well on probation and I ask you to give me a chance to prove myself to you and everyone else," he said.

Van Marter said the company paid $235,965 for the copper wiring that Boyle stole. Hayakawa said he will carefully review the prosecution's evidence regarding the worth of the copper to determine the amount of restitution his client must pay.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.