Posted on: Wednesday, October 23, 2002

Deal reached in 'wave rage' case

Advertiser Staff

WAILUKU, Maui — A windsurfer accused of "wave rage" against a professional kiteboarder in the waters off Kanaha Beach has escaped a felony assault charge.

In a deal with prosecutors Monday, Dane Barnhard agreed to 25 hours of community service and to monitoring for five years.

Barnhard, 55, of Wailuku, also agreed to write a letter of apology and pay $611 in restitution to Marcus "Flash" Austin, a part-time Maui resident who is one of the world's top kiteboarders.

Austin, who finished second in the recent Red Bull King of the Air kiteboarding competition at Ho'okipa Beach Park, required nine stitches to his shin following a collision with Barnard in the water Dec. 20, 2000. The indictment against Barnhard alleged he deliberately sailed into Austin.

Barnhard was ordered to stay away from the park in January by Maui Judge Reinette Cooper, who described the attack as "wave rage." On Monday, Barnhard agreed to avoid the beach during daylight surfing hours for one more year.

Officially, Barnhard agreed to a deferral of prosecution, which is similar to probation, except that the monitoring will be conducted by his attorney, who will then report to county prosecutors.

If Barnhard complies with the conditions over the next five years and doesn't break any laws during that time, the charge will be permanently dismissed.