HONOLULU (HawaiiNewsNow) - A former University of Nevada football player, who was arrested while on Oahu for the Hawaii Bowl last December, can keep a felony theft off his record if he stays out of trouble for the next five years.
With his mother, Susan, sobbing behind him, former Nevada football player Andre Davis apologized for committing a crime while visiting Oahu last December.
"I'd like to apologize to the state of Hawaii," he said. "You know, I made a very, very drastic mistake."
Investigators say the reserve linebacker went into the DFS Galleria in Waikiki and stole more than $1,100 worth of merchandise -- including a Cartier wallet, an Armani watch and Christian Dior sunglasses -- to take home as souvenirs for family and friends.
"He thought about how happy they would be to have things that they deserve," Wayne Tashima, deputy prosecutor, said. "With that kind of thought process, the defendant may get into trouble again in the future."
Prosecutors objected to the defense's request for a deferral, which would allow Davis to wipe his record clean if he stays out of trouble for the next five years.
"I made a stupid, stupid decision and I acknowledge that and I've learned from that mistake," the defendant said. "I could tell you that it'll never happen again."
The 20-year-old was kept out of the Hawaii Bowl and immediately lost his athletics scholarship with the Wolf Pack.
"You're still in school?" Circuit Judge Richard Perkins asked.
"Yes," Davis replied.
"Paying for it yourself now?" the judge asked.
"Yes," the defendant replied.
He says he took out loans so that he could continue attending the university, is maintaining a 3.63 grade point average and intends to graduate.
"He's just starting out his life," Victor Bakke, defense attorney, said. "To handicap him with a felony theft conviction at this point is I don't think warranted in this case."
Davis reportedly graduated from high school with a 3.9 GPA. The judge praised him for his academic achievements and lack of a criminal history before granting the deferral.
"You're not likely again to engage in a criminal course of conduct," Perkins said. "You're smart enough. You graduated from high school with close to a 4.0 average, which was a lot higher than me."
Davis was ordered to pay $1,000 to the state of Hawaii's General Fund.