Driver in robbery gets probation

PROVO — The getaway driver for a home invasion robbery narrowly avoided prison Monday.

Instead, Berniece Halalilo, 19, was sentenced to 36 months of probation and a $15,200 restitution tab for her role in the October 2008 assault. She had already severed 144 days in jail.

Halalilo previously pleaded guilty in 4th District Court to five counts of robbery and one count of burglary, all second-degree felonies.

"She's lucky she's not going to prison on these (charges)," said prosecutor Jason Sant. "I think she's accepted her responsibility in this case. But she should be … happy she's not going to prison, as the others involved may very well be going to prison."

Those others are Jacob Falo and James Falo, who police say went into an apartment at 1127 W. 675 North in Orem around 2 a.m. on Oct. 9 with a 17-year-old juvenile and began attacking the residents with a handgun and a baseball bat.

The group stole electronics, computers, game systems and cell phones, then shoved the residents into the bathroom, threatening to kill them if they called police. Police believe the robbery was fueled by the thought that there might be drugs and money at the home, based on previous interactions.

Although Halalilo had also entered the home, she had the least amount of involvement, and she was the first to come out and surrender to police, said her attorney Doug Nielsen.

Halalilo had already served 144 days in jail when attorneys agreed to her release in March because she was eight months pregnant.

The combination of her lengthy time in jail, her minimal criminal history and her lessened involvement in the crime led to the plea deal, attorneys said.

"Ms. Halalilo, where there's a dangerous weapon involved, the default sentence … is prison," Judge Samuel McVey told her. "You won't get any second chances here if you're involved again in criminal activity."

McVey told her to stay away from the co-defendants and emphasized the no-contact order is still in place, even between her and Jacob Falo, the father of her 1-month-old baby. McVey said Falo can see his child, but it must be arranged through someone else.

Both Falos were in court as well Monday, and although their attorneys alluded to settlements, they asked for more time so their clients could consider the offers.

All parties are equally responsible for paying the $15,200 restitution, which could potentially be a problem if the Falos are both sent to prison, Nielsen said.

E-mail: sisraelsen@desnews.com