STATE OF FORM CIRCUIT COURT OF THE DGUILTY PLEA a MOTION TO DEFER NO CONTEST PLEA STATE vs. DEFENDANT CASE NUMBER Electronically Filed Cr. NO. 16-1-1916 CHRISTIAN GUTTERREZ FIRST YEAR or BIRTH 1997 AGE 19 1PC161001916 16-MAR-2017 EDUCATION (Last Grade Completed) 12+ 11:34 AM NO. AMENDED COUNT 1: 1 THEE TN THE THIRD DEGREE . HRS.) COUNT 2: Mandatory ?ne not less than $100 andfor PROHIBITED ACTIVITIES $33 2133213? Extended Term of Imprisonment "illegally taken" n/a COUNT 3: Fine not less than $1,000, prison PROHIBITED ACT IN NATURAL AREA IlOt more than 1 year for 621011 RESERVE H.A.R.) offense COUNT 4: 30 Mandatory Minimum Term of CREVTTNAL PROPERTY DAMAGE IN THE Imprisonment FOURTH DEGREE (?708-823, H.R.S.) "lem/ fa) 11/31 AMENDED COUNT 5: WTBO CRUELTY TO ANNALS IN THE SECOND DEGREE HRS.) 1. My mind is clear. I have not taken any medication, alcohol, or illegal drugs within the last 48 hours. I am not sick. I speak, read, write, and understand the English language or this document has been read to me or has been inter? preted for me. 2. I have received a written copy of the originai charge(s) in this case. The charge(s) has/have been explained to me. I understand the original charge(s) against me. I told my lawyer all of the facts I know about the case. My lawyer explained the government?s evidence against me, my possible defense(s), and the facts which the government must prove in order to convict me. 3. I understand the reduced charge(s) with which the government has agreed to charge me, instead of the original charge(s). (Applicable only if original charge has been reduced.) 4. I plead of my own free will. No one is pressuring me or threatening me or any other person to force me to plead. I am not taking the blame or pleading to protect another person from prosecution. 5. I know I have the right to plead not guilty and have a speedy and public trial by jury or by the court. I know in a trial the government is required to prove my guilt beyond a reasonable doubt. I know I can see, hear, and question witnesses who testify against me, and that I may call my own witnesses to testify for me at trial. I understand I have the right to take the stand to testify and I have the right not to testify at trial. I know by pleading I give up the right to ?le any Dre-trial motions, and I give up the right to a trial and may be found guilty and sentenced without a trial of any kind. I also give up the right to appeal anything that has happened in this case to date. 6. I understand that the court may impose any of the following penalties for the offense(s) to which I now plead: the maximum term of imprisonment, any extended term of imprisonment, and any mandatory minimum term of impris- onment speci?ed above; consecutive terms of imprisonment (if more than one charge); restitution; a ?ne; a fee and/ or assessment; community service; probation with up to 2 years of imprisonment and other terms and conditions. Continued on next page Form RG-Ac?soe (2/17) CONTEST PLEA (Continued) CASE NUMBER Cr.No.16d1~1916 7. I plead no contest because, after discussing all the evidence and receiving advice on the law from my law? yer, I do not want to contest the charge(s) against me. See Defendant's factual basis attached as Exhibit I plead guilty because, after discussing all the evidence and receiving advice on the law from my lawyer, I believe that I am guilty. (Give a brief statement of the facts that establish the defendant?s guilt as to each offense to which the defendant is entering a plea pursuant to the requirements of HRS 701-114, 701? 115, 702?205, and 702?206, as amended.) MI move to defer acceptance of my plea. I understand that if the Court denies my motion, the Court will then find and adjudge me guilty upon this plea, and impose sentence. 8. I have not been promised any kind of deal or favor or leniency by anyone for my plea, except that I have been told that the government has agreed as follows (if none, write ?None?): See letter dated February 13, 2017, attached as Exhibit IZI I know that the court is not required to follow any deal or agreement between the Government and me. I know that the court has not promised me leniency. The court has agreed to follow the plea agreement pursuant to Rule 11, Hawaii Rules of Penal Procedure. 9. I further state that (if none, write ?None?): See letter dated February 13, 2017, attached as Exhibit 10. I understand that: am not a citizen of the United States, whether or not I have lawful immigration status, I have the right to receive advice from my lawyer about the speci?c impact that this case will have, if any, on my immigra? tion status. The entry of a guilty or no contest plea, admission of guilt or suf?cient facts, or conviction, deferred judg? ment, or deferred sentence may have the consequence of my immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. In some cases, detention and deportation from the United States will be required. SEES My lawyer must investigate and advise me about the aforementioned issues prior to the commencement of trial, entry of a guilty or no contest plea, or admission of guilt or suf?cient facts to any offense punishable as a crime under state law, other than those offenses designated as infractions, and I acknowledge that I have been so advised . I am not required to disclose my immigration status or citizenship status to the court. 11. I am signing this Guilty/No Contest Plea form after I have gone over all of it with my lawyer. I know I will not be permitted to withdraw my plea. I am signing this form in the presence of my lawyer. I have no com- plaints about my lawyer and I am satis?ed with what he/she has done for/r/nje. DATE March 16,2017 SIGNATURE CERTIFICATE OF COUNSEL I certify that I have read and explained fully this Guilty/No Contest Plea document to the defendant and believe he/she under- stands this document in its entirety. The statements contained in this document conform with my understanding of the defen- dant?s position. I believe the defendant?s plea is made voluntarily and with an intelligent understanding of the nature of the charge(s) and possible consequences. The defendant signed this Guilty/No Contest Plea form in my presence. I further certify thatI have complied with Rules 1.2a and 1.4 of the Hawaii Rules of Professional Conci?uct. DATE ATTORNEY FOR DEFENDANT SIGNE TU March 15, 2017 Myles S. Brcincr ,l I I acknowledge that the Judge questioned me personally in open court to make sure that I knew what I was doing in pleading guilty.1 or no con est and under- stood this form before I signed it. Hon. Jeannette Castagnetli March 15, 2017 0. NAME OF JUDGE DATE OF THE DEFENDANT (signed in open court after questioning] Form On December 27 and 28, 2015, I, Christian Gutierrez, along with several other individuals went camping at Kaena Point near the Natural Area Reserve. During that time, we entered a prohibited area and participated in illegal activities that resulted in the death of numerous Albatross birds and eggs and the theft and destruction of surveillance equipment owned by the Pacific Rim Conservation Organization. My participation in the activities was wrong and was prohibited by law. EXHIBIT Department of the Prosecuting Attorney City and County of Honolulu ALII PLACE 1060 RICHARDS STREETO HONOLULU. MWAII 96313 PHONE: {803] 738-7400 I FAX: (808) 763-7515 CHRISTOPHER ow. YOUNG FIRST DEPUTY PROSECUTING ATTORNEY M. KANESHIRO PROSECUTING m-ronnsr February 13, 2017 Myles S. Breiner, Esq. 841 Bishop Street, Suite 2115 Honolulu, HI 96813 Re: State of Hawai?i v. Christian - CASE No. 1P0161oo191 Cooperation Agreemen :15 The Department of the Attgi?fney, City and County of Honolulu, State of Hawai?i (Department of orney) has had the opportunity to review and evaluate Christian criminal liability in CASE No. 1PC161001916, concerning the Q?%%mber 27-28, 2015, in relation to your offer of settlement dated EThis review, in part, is based on investigations by the Hon?" ludgtiilice'??iepartment (HPD), the Department of Land and Natural Resources, ?Conservation and Resources Enforcement, U.S. Fishing and Wildlife Services, a" statements and knowledge regarding the events of December 27, evaluation, the Department of the Prosecuting Attorney is good faith, the following counter-offer: agrees to the following: I Defendant agrees to participate in a complete and truthful debrie?ng by members of the Department of the Prosecuting Attorney concerning the Defendants total knowledge, whether solicited or not, of the events of December 27, 2015; B. The Defendant agrees to be available, at the Prosecutor's request, as a witness at any and all briefings, hearings, trials, or other proceedings relating to the events of December 27, 2015, including retrial(s), following appeal, if any. The Defendant further agrees that his absence from said briefings, hearings, trials or other proceedings will be deemed a material breach of this Cooperation Agreement; EXHIBIT i SOH v. Christian Gutierrez C00peration Agreement Page 2 of 4 February 13, 2017 C. The Defendant agrees to testify truthfully, at the Prosecutofs request, at any hearings, trials, retrials following appeal, or other proceedings connected with the events of December 27, 2015. The Defendant agrees to tell the truth no matter who asks the questions-whether the person is a prosecutor, a judge, or a defense attorney; D. The Defendant agrees any knowingly false, incomplete, or inaccurate statement, testimony, or information prov?idedifiih this case will be deemed a material breach of Agreement, and will be deemed just cause-for fevocatign of this Cooperation Agreement; "sf-I - E. The Defendant agrees he will not commit any during the pendency of this Cooperation Agreen?'eglt. Shotjli'd the Defendant get arrested for any criminal results in a conviction, the conviction will constitutes-a m'atgria'l bfeia'Ch of this Cooperation Agreement and will be for revocation of this Cooperation Agreement F. in the event Prosecuting Attorney determines the Defendant?l?gs not pihgyid full and truthful information pursuant toiggb?isi??tggpera?f?n Agreement, the Defendant agrees the Departrgent e?FL?SEoseCU?ng Attorney may void this Cooperation Agreggi?nt, an ,6 Distendant further agrees and understands the b?ifprosecuted for any offense in which the ,_he De endant agrees that he will not assert any privilege against ??lj?ncrimination (which includes ?taking the Fifth? and/or invoking to remain silent?) at any hearing, trial, or proceeding elating to the events of December 27, 2015, at which he may be called upon to testify; The Defendant understands that he may be prosecuted for any crime, including perjury and related offenses, committed subsequent to the execution of this Cooperation Agreement; The Defendant shall plead No Contest, in Criminal No. 16-1?1916, Count 1, to an amended charge of Theft in the Third Degree under HRS SOH V. Christian Gutierrez Cooperation Agreement Page 3 of4 February 13, 2017 J. The Defendant shall plead No Contest, in Criminal No. 16-1-1916, to Count 2, to Prohibited Activities under HAR as charged; The Defendant shall plead No Contest, in Criminal No. 16?1?1916, to Count 3, Prohibited Act in Natural Area Reserve undergraRaQH? as charged; The Defendant shall plead No Contest, in Criminal are, Count 4, Criminal property Damage in the DegreeunBEr HRS 708-823, as charged; g; The Defendant shall plead No Contest-inn inal?ii: 16?1-1916, Count 5, to an amended charge of elty tO? Wmals in the Second Degree under HRS The Defendant shall waiva?a?ny sablstantlveiiand procedural defects of the amendment of the, liargg initiiount 1 and Count 5 of CR 16? 1?1916; 1 . The Defendantspat?ICE? sufficient factual bases for the charges on thei?lt?hange d?fpleaffonn (a stipulation to a factual basis will not be omplignce?ilith the instant agreement); The the preparation of a Pre?Sentence Diag sis Re'i?ibrt; Thee-2 efe?nf shall pay prorated or proportional restitution to ,in?li?iConservation Group, as recommended by the Adult ices Division. The Defendant will not contest his ability restitution in this case and the restitution will be a free stafiding order; The Defendant shall write a letter of apology to the Paci?c Rim Conservation Group; The Defendant agrees any failure to comply with the above-stated terms will be deemed a material breach of this Cooperation Agreement, the result of which will render any and all parts of this COOperation Agreement null and void. In the event of a material breach of this Cooperation Agreement, the Defendant further agrees and understands all statements, testimony, or information provided may be used against him in any trial or proceeding. The Department of the Prosecuting Attorney agrees to do the following: 3 SOH v. Christian Gutierrez C00peration Agreement Page 4 of 4 February 13, 2017 A. The State shall agree to dismiss the remaining counts 6?19 with prejudice; B. The State agrees that sentences on all counts may run concurrently. Ill, The Defendant and the Department of the Prosecuting agree upon the following: .. -- . A. The Defendant shall be free to argue for deferral: of B. Both parties agree that Defendant angiinteiristate compact transfer of his probation or deferr?iieto the State of New York; or representations C. The Defendant agrees no have been made, nor agregrneri 'dttiother than those set forth in this Cooperatiog??reegpen induce the Defendant to enter into this Coopers-tin Agit?i?eme?if: "?Thls Cooperation Agreement constitutes his foregoing is true and correct. The Defendant t-Liidersta 's the Department of the Prosecuting =i'of immunity to the Defendant for any ML DATE 2944/7 DA . 44/ j/ MYLES S. BREINER TE Attorney for Defendant CHRISTIAN GUTIERREZ Attorneyi?rnake no? Defendant