A homeless man convicted of criminal property damage in a copper theft case was sentenced to five years in prison yesterday and ordered to pay $4,500 in restitution.

"Did he get hammered? I think he did," the defendant's attorney, Lee Hayakawa, said after the court hearing.

Hayakawa, a deputy public defender, asked Circuit Judge Steven Alm to sentence Michael Scott Handy, 45, to five years of probation, arguing that it was Handy's first felony conviction and that the crime did not involve violence.

But Alm agreed with City Deputing Prosecuting Attorney Franklin Pacarro Jr., who argued that the increasing incidence of copper theft in the state is a serious problem.

"I think everybody gets hurt by this," Alm said.

"Enough is enough," Alm said, noting that the sentence contained "an element of deterrence."

The Hawai'i Legislature increased penalties this year for copper theft crimes, but Handy was convicted before the stricter law took effect.

He was convicted of felony criminal property damage because the Board of Water Supply building that he stripped of copper will require at least $9,000 in repairs.

Handy also was convicted of lesser charges of trespassing and theft in the fourth degree. He has been held in jail for 13 months and that time behind bars will be credited toward his prison sentence.

He asked the judge for probation. "I have definitely learned a lesson," Handy said in court.

"Education is a priority, as well as employment," said Handy, who attended Doane College in Iowa but left before graduating.

Pacarro said the prosecutor's office is "glad that this court has taken this offense seriously."

Stealing the copper was "basically a selfish act that affects not only the Board of Water Supply but all of us taxpayers," Pacarro said in court.

Under the new law, stealing a pound or more of copper, or any metal containing copper, is now classified as a felony. The new statute also requires scrap dealers to photograph any copper purchased, and all of the copper offered for sale to the scrap dealer. Scrap dealers must also photograph people offering copper for sale, and photocopy their identification.

Last month, a thief or thieves stole copper wiring from light towers at the Campbell High School football field, forcing cancellation of an evening football game against Roosevelt High School.

Police said they have identified at least one suspect in the case and have recovered wire they believe was stolen from freeway lights and from stadium lights at Campbell High.

In court yesterday, Alm praised a 17-year-old youth who called police after seeing Handy tearing copper flashing from the Board of Water Supply building on Kapahulu Avenue in the early morning hours of May 24, 2006.

The youth, Bronson Vea, and his mother called police to report Handy's activity and later called again to say that he appeared to be getting ready to leave the area.

"You would have gotten away with it if it weren't for Mr. Vea," Alm said.

The Hawaii Paroling Authority will meet later to determine when Handy will be eligible for parole.

Handy's criminal history "is quite unremarkable," his lawyer said, and includes two drunken-driving offenses and a conviction for public liquor consumption.

He was using a bicycle for transportation when he was arrested in the copper case last year.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.