KEALAKEKUA — A Kailua-Kona man accused of 55 forgery, fraud and identity theft charges pleaded guilty to five Class C felonies Thursday morning in 3rd Circuit Court.
Todd Owen Brogdon, 48, pleaded guilty to three counts of unauthorized possession of confidential personal information and two counts of fraudulent use of a credit card exceeding $300.
Third Circuit Judge Robert D.S. Kim read each count aloud in court. After each charge, the judge asked Brogdon if the accusations were correct.
“Yes, your honor,” he answered. “Yes, your honor. That is correct information.”
Charges stem from a January investigation led by the Hawaii Police Department’s Special Enforcement Unit. Brogdon was identified through surveillance video at local businesses as using a stolen debit card and two stolen credit cards.
Three other individuals were taken into custody in connection to the SEU investigation.
After reviewing the charges, Kim looked over the plea agreement reached between the state and defense.
If the judge agreed to the agreement, the remaining 50 counts would be dismissed with prejudice. Brogdon would serve one year in jail with early release into a residential drug treatment program.
During the drafting of the plea agreement, Deputy Prosecutor Stephen Frye explained after the hearing that he looked at charges that would have merged under Hawaii State Statute 709-109.
The defendant could only be convicted of offenses that were separate and distinct, according to statute.
“What I was trying to do was have him plead to distinct victims and distinct separate acts,” Frye said in Brogdon’s plea agreement. “He pleaded to five felony counts where the doctrine of merger was not at issue.”
The plea agreement still leaves Brogdon exposed to the maximum penalty of 25 years in prison.
A Class C felony carries a prison sentence of five years. Frye said the judge could decide to have Brogdon serve each five-year prison term consecutively.
During the hearing, Kim asked Deputy Prosecutor Kauanoe Jackson, who was representing the state, why a PSI (pre-sentence investigative report) wasn’t requested. A PSI report provides a summary of the offense. It also includes prior rehabilitation, PSI unit interview, family and education backgrounds, risk assessment and prior criminal history.
Jackson told the court that the state was already asking for the maximum penalty related to a Class C felony — a one-year jail term with probation.
“The PSI would give nothing more,” she said.
Kim clarified with Jackson that he is not bound to the plea agreement and could impose a consecutive prison term of 25 years. He is slated to be sentenced in April.
“The court is going to request a PSI,” the judge stated. “I’m not saying I won’t follow the recommendation. I want to see the full situation before I give my stamp of approval.”
According to Hawaii police, Brogdon used an American Savings Bank debit card, a Visa card and an American Express card. All cards were reported lost by their owners in December.
According to police, Brogdon mainly purchased cigarettes and prepaid cards from stores. He also allegedly bought phone cards, clothes, food items and drinks as well as household items.
In connection to this case, the Special Enforcement Unit also arrested Keola Werner-Kealoha, 26, and 28-year-old Joseph Derosa. The fourth suspect, Tiare Kapiolani Kolowena, 54, turned herself in at the Kealakehe Police Station.
Kolowena is facing 14 theft and fraud charges. She also appeared before Kim on Thursday to enter a not guilty plea. A jury trial is scheduled for June 12.
Werner-Kealoha is facing 17 charges of theft and forgery. He also pleaded not guilty and is scheduled for a jury trial April 10.
Originally facing 11 theft and fraud charges, on Jan. 25, Derosa pleaded guilty to one count of fraudulent use of a credit card and one count of theft of a credit card. The court requested a PSI report. Derosa’s sentencing is scheduled for March 19.