Posted on: Friday, February 14, 2003

HPD officer indicted on theft charge

By Scott Ishikawa and David Waite
Advertiser Staff Writers

A 44-year-old Honolulu police officer was indicted by an O'ahu grand jury this week on a felony charge of stealing from a man who was arrested at a Waikiki hotel room and later charged with drug offenses.

Officer Robert Fu is accused of taking property or cash valued at more than $300 belonging to John R. Nix on Aug. 9.

Jim Fulton, spokesman for the prosecuting attorney's office, declined to discuss details of the theft case, but court papers filed by Nix's attorney, state public defender Tim Rakieten, allege police officers stole his client's cash when police went to Nix's hotel room and arrested him.

Fu, a 10-year HPD veteran, was part of HPD's Narcotics/Vice Division at the time of the theft allegation. Fu is charged in the indictment returned Wednesday with second-degree theft. The charge carries a prison term of up to five years and a fine of up to $10,000.

Police spokeswoman Michelle Yu said an internal affairs investigation based on the theft allegation resulted in the indictment. Because of the ongoing internal affairs investigation, Fu was reassigned in August to desk duty with pay. He was also stripped of his police powers, and forced to turn in his gun and badge, Yu said.

The day after his arrest, Nix was charged with several counts of second-, third- and fourth-degree promotion of dangerous drugs, along with possession of drug paraphernalia, according to court documents.

According to a police affidavit filed in August in Nix's case, police were called to Nix's hotel room at about 10:20 a.m. Aug. 9 to investigate a complaint about people using drugs in the room while an infant was present.

When Nix opened his door to police officers and the hotel manager, officers saw a glass pipe on the bed which they suspected was used to smoke crack cocaine, the affidavit said.

Nix and a woman accompanying him were asked to step into the hallway while officers searched the room. They found drug paraphernalia, including a syringe believed to be filled with heroin, and three small zip-close plastic bags possibly containing cocaine, the affidavit said. The police affidavit made no mention of any cash being found during the search.

But Rakieten recently asked for a court order that would force the Honolulu Police Department to turn over reports generated during the internal affairs investigation of allegations that cash was taken from the room while police were searching it.

In addition, Rakieten asked that any prior complaints against the officers who were involved in searching Nix's room, be turned over, according to court documents.