Soldier’s deployment fate
awaits judge’s rule
The fate of Shaun Rodrigues,
robber and Guardsman, might
be decided on Monday
Circuit Judge Virginia Crandall plans to rule on Monday whether the sentencing of guilty home invasion robber Shaun Rodrigues must wait until he returns from active duty in Iraq.
At issue is whether Rodrigues, 24, a specialist in the Hawaii Army National Guard, is considered "convicted" even though he has not been sentenced yet.
The Hawaii National Guard has indicated that because Rodrigues has not been sentenced, he is not deemed convicted and must report for duty, said defense attorney William Harrison. Under state law, a conviction is not entered until a defendant is sentenced, Harrison said.
Rodrigues was called into active duty on Aug. 16 and is scheduled to head to Iraq after training at Schofield Barracks and Fort Bliss, Texas. His deployment is for no longer than 545 days.
Prosecutors argue that Rodrigues has been adjudicated and was found guilty in March 2002 of five felonies by Crandall after a jury-waived trial. Rodrigues tied up two women in their Manoa home and robbed them at gunpoint in July 2000. He faces 20-year prison terms on four of five counts.
"I'm not sure the National Guard is aware these are mandatory prison terms," said Deputy Prosecutor Russell Uehara, who will be asking the court to extend the terms to life with parole.
If Crandall decides on Monday that her guilty verdict constitutes a conviction, she will schedule a sentencing hearing.
Crandall asked the parties yesterday to provide additional court rulings so she can decide. Also, if the National Guard is aware of the seriousness of the offenses, they could make a decision not to allow Rodrigues to be deployed, Uehara said.
Harrison said his client is faced with a Catch-22. He faces being considered AWOL if he shows up for sentencing. If he does not show, the court could order a bench warrant for his arrest.
Harrison said Rodrigues is innocent of the charges. He filed a motion in March asking that sentencing be delayed to allow him to gather more evidence and reopen the trial or hold a new trial.
