WAILUKU — Saying probation wasn’t an option, a judge Friday ordered a 10-year prison term for a man who held what appeared to be a gun while robbing a Pukalani restaurant last year.
Damion Emeson, 47, was on probation for burglary and theft when he robbed Serpico’s Pizzeria on Old Haleakala Highway on April 8.
“This was a crime of threatened violence committed in a busy restaurant during the day in order to support a drug habit,” said Deputy Prosecutor Brandon Segal.
Emeson was wearing dark-colored clothing and a black motorcycle helmet with the visor down when he walked into the restaurant and approached a woman and teenage boy who were working, Segal said.
“He handed them a paper bag while demanding money and clenching what appeared to be a black-colored pistol,” Segal said.
He said Emeson fled with $310.
Police determined the weapon was an airsoft pistol after identifying Emeson, who lived near the restaurant and had a vehicle matching the description of one seen leaving after the robbery.
After Emeson was arrested, “he admitted to committing this crime so he could purchase Oxycontin,” Segal said.
Emeson had pleaded no contest to a reduced charge of second-degree robbery, as well as habitual property crime, third-degree promoting of a dangerous drug and possessing drug paraphernalia.
Even though Serpico’s owner said he would rather see Emeson receive treatment instead of prison, Segal said “the state feels a prison term is appropriate.”
Emeson asked to be placed on probation after serving jail time so he can enter a long-term residential drug treatment program on Oahu.
Deputy Public Defender Ben Lowenthal said drug addition was the main reason for Emeson’s long criminal history. Lowenthal said he believed Emeson was motivated to participate in drug treatment.
“His conduct in this case was a cry out for treatment in some way,” said defense attorney Al Albrechtson, also representing Emeson.
Emeson said he wanted to apologize to the Serpico’s owner and those in the restaurant “for my terrible behavior and for traumatizing them.”
He also apologized to his family and said he had worked on a plan to change his life while in jail for nearly a year.
In deciding how to sentence Emeson, 2nd Circuit Judge Richard Bissen said the court had to consider whether the defendant was a good candidate for probation.
“The answer is no,” Bissen said.
He said Emeson had failed on probation, according to a report from his probation officer.
“He has already been down this road of committing crimes while on probation and being put back on probation,” Bissen said.
He said probation also wasn’t an option “when you decide to strike fear in people and take this kind of action.”
“You had no chance of getting away with this crime,” Bissen said. “This is probably one of the worst-planned crimes. That also shows where you were at, where your thinking was at. You would do almost anything to get what you needed.”
He questioned why Emeson wanted to enter the drug treatment program now.
“This isn’t a new problem,” Bissen said. “He’s 47 years old. He started using drugs when his first crimes started.
“No one has to be ordered to drug treatment by a court instead of prison,” Bissen said. “He’s free to do treatment while on parole or when his prison sentence is completed.”
Emeson had been on probation for second-degree theft, attempted second-degree theft, second-degree burglary, attempted second-degree burglary and felony shoplifting when he committed the robbery.
Bissen said Emeson should have gone to prison earlier.
“That would have prevented this crime and maybe any future crimes,” the judge said. “Unfortunately, he was given chance after chance after chance and stands here and says just one more chance.
“I think the chances are up.”
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.
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