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Alarm system installer A 22-year-old former alarm systems installer was convicted yesterday of kidnapping and other charges for holding two women at gunpoint as he robbed their Manoa home.
found guilty in
Manoa home robbery
Shaun Rodrigues, 22, faces a
20-year minimum sentenceBy Leila Fujimori
lfujimori@starbulletin.comCircuit Judge Virginia Crandall ruled that Shaun Rodrigues was the man inside Dianne and Dawn Sugihara's house on July 8, 2000. The judge cited the women's independent identification during a photo lineup two days after the incident. Rodrigues had waived his right to a jury trial.
The Kailua man was found guilty of two counts of kidnapping and two counts of first-degree robbery, each carrying a 20-year maximum prison sentence, and one count of first-degree burglary, with a 10-year maximum.
Rodrigues faces a 20-year minimum mandatory prison term at sentencing April 29.
City Deputy Prosecutor Russell Uehara said he will ask for an extended sentence of life imprisonment with the possibility of parole because of the multiple offenses committed.
Rodrigues showed little emotion after the verdict was read until he embraced family and friends and began to cry.
"I think they just took his life away," said friend Kimberly Kailihiwa.
Rodrigues, who has been out on bail, declined comment after the verdict.
His attorney William Harrison said, "In my heart I know this man is innocent."
He said that after the incident the Sugiharas "could not describe this man as the individual that was in their house."
Another defense attorney, George Lindsey, said the Sugiharas' identification was flawed, having described the suspect as dark-skinned, while Rodrigues is fair-skinned and the lightest in the photo lineup.
Harrison said there is no evidence his client was at the scene of the crime, and will await sentencing before deciding whether to appeal the decision.
In her ruling, Crandall stated Dawn Sugihara identified Rodrigues as soon as she saw the photo, saying "it jumped out at her" and she "immediately knew that was the person in their house," and that "she was as sure as she can be."
Dianne Sugihara took one second to recognize the defendant and had no doubt in her mind, the judge said.
The judge also weighed the testimony of Rodrigues' family members, saying she considered "their bias, their presence and absence at the relevant time, their demeanor while testifying, and the compelling and credible testimony of the complaining witnesses."
Rodrigues' mother had testified that he had been at home sleeping at the time of the crime.
Uehara said Rodrigues posed a threat to the community, and asked for revocation of bail. The judge denied the request.
Commenting on the verdict, Uehara said, "We were hopeful, but it wasn't a clear-cut case." The Sugiharas were not present in court yesterday, feeling they "might be traumatized" if the outcome was different, Uehara said.
During trial, the prosecution said Rodrigues broke into the home and confronted Dianne Sugihara as she was stepping out of the shower. Her daughter Dawn arrived home while the robbery was in progress, and was told to lie on the floor with her mother. He took the diamond wedding ring Dianne was wearing, cash and other jewelry.
Rodrigues had previously installed an alarm system in the Sugiharas' house for Hawaii Alarm Systems.
Lindsey said during trial that police came up with the "alarm guy" theory in a rush to arrest someone for the rash of Manoa home invasion robberies.
The trial began Aug. 6, ran through Aug. 28 and concluded Feb. 8 when attorneys gave closing arguments. The prosecution said the trial had been delayed so the defense could review new police evidence and because Rodrigues, an Army National Guard reservist, was supposedly called to active duty after Sept. 11.
"The prosecutor believed that Shaun Rodrigues was called up for active duty at the airport, based on the information they had at the time," said Jim Fulton of the city prosecutor's office.
Just after the verdict, Harrison told the media that Rodrigues "was protecting the public at the airport and elsewhere."
However, Hawaii National Guard spokesman Maj. Charles Anthony said Rodrigues had never been placed on active duty after Sept. 11.
Anthony said if someone is charged of a serious crime but has not been convicted, he may be called up depending upon the circumstances. Rodrigues' unit was aware of his status, Anthony said.
When asked yesterday afternoon about the discrepancy, Harrison said: "I was mistaken. I assumed he was being activated after 9/11."
He said he never represented to the court Rodrigues had been activated, but only asked for its permission to allow him to carry a weapon for work if activated, and told the prosecutor the same.
Rodrigues will also be tried in May for terroristic threatening in an attempted Manoa burglary. In that case the residents arrived home, surprising the suspect as he was about to break in, Uehara said.
The gun in that case matched the description of one used in the Sugihara robbery, he said.