A 35-year-old Carson City man with a criminal history that dates back half his life was sentenced Monday to five years in Nevada State Prison for stealing goods worth $721 from Wal-Mart.
Duke Maita must serve 18 months before he is eligible for parole. District Judge Michael Gibbons rejected Maita's request for a shorter sentence so he could raise his 3-1Ú2 year-old son.
"I would like to help you," Gibbons said. "Unfortunately, you are a very poor risk to take that chance.
"You didn't complete drug court and that was your very best chance. Your failure to appear sealed it. I can't put the public at risk."
Maita was arrested in February 2005 for taking items from Wal-Mart. He was referred to Western Regional Drug Court but was dropped from the program for failure to appear. He also failed to show up at District Court after his dismissal from drug court.
Maita told Gibbons he was ready to turn his life around.
"I'm tired of living this way. I want to raise my son myself. I am tired of being in and out of jail and tired of missing my son," Maita said.
"I need some help. No matter what happens today, I will use the time to turn my life around."
His lawyer, James Boles, said Maita committed "the dumbest crime of the century."
"He filled up his shopping cart, and walked through the door setting off the alarm. He tried to run out and he got caught. He was under the influence. It was a bumbling, stupid incident. Mr. Maita is not very competent as an outlaw."
Maita sought admission to a year-long substance abuse treatment program in California which Gibbons denied.
"This is about punishing a career criminal," said prosecutor Mark Jackson. "Where he deserves to be is in prison. This has got to be about protecting the community. If you want to change your life around, then do it, but do it on your own time."
Jackson rejected the argument that not incarcerating Maita would save more than $20,000 a year.
"The taxpayers would say it's well worth $23,000 to put him away for as long as you can," Jackson said.
