Posted on: Wednesday, July 21, 2004
Assault on campers prosecuted as hate crime
By Kevin Dayton
Advertiser Big Island Bureau
HILO, Hawai'i — Big Island prosecutors are seeking extended sentences under the state's hate crimes law for four men accused of assaulting campers at Makalawena Beach in North Kona this month.
Big Island Prosecutor Jay Kimura said it is the first time Big Island prosecutors have used the hate crimes provisions, which were passed in 2001.
Campers at the site called police reporting that vehicles had raced through the campsite, and that some campers had been assaulted. Campers reported their assailants made comments such as "Any ... haoles want to die?"
Officers stopped two vehicles trying to leave, and arrested 11 people. Three of the campers suffered minor injuries, one vehicle was damaged, and some items were stolen, police said.
Complaints against Jonathan Anaole Taetuna Fautanu, Shiloh K. Chenoweth, Henry P. "Puka" Bell and Rafael Kalua Rodrigues all seek enhanced penalties under the hate crimes law.
If they are convicted and a judge or jury concludes the assaults were a hate crime, the four could face double the prison time ordinarily imposed for the same felony convictions. That could results in sentences of up to 20 years for some of the men.
Deputy Prosecutor Cynthia Tai declined to say why the case was considered to be appropriate for charging under the hate crimes law. Kimura also declined to discuss the case.
"I can say that we are reviewing all the facts in the case and as more information comes in, it affects our decision on how to charge the case," Kimura said.
The hate crimes law allows for extended sentences in cases where the victims are targeted because of race, religion, disability, national origin, gender or sexual orientation.
Bell, 22, of Kailua, Kona, was charged with five counts of assault in which he allegedly used a rock and a car to injure campers.
Bell was also charged with resisting arrest, unauthorized entry of a motor vehicle, theft, criminal property damage, and terroristic threatening.
Robert Kim, Bell's lawyer, said he does not believe there is adequate grounds to charge Bell under the hate crimes law. In a preliminary hearing that began Monday in Kona, there was no testimony that Bell made any of the comments about "haoles."
"After yesterday's hearing, I'm concerned that they may have jumped the gun," Kim said. "We need to be very conservative before we conclude that a hate crime in Hawai'i has occurred because it's so inflammatory"
"If you're in a big fight and one person says something, does that mean that everybody is guilty of a hate crime?"
Fautanu, 18, of Honaunau was charged with four assault counts for allegedly attacking a camper with a rock. He was also charged with criminal property damage and terroristic threatening.
Rodrigues, 18, of Honaunau was charged with criminal property damage and two counts of assault. Chenoweth, 20, of Hilo was charged with criminal property damage and two counts of assault. Bell posted bail and was released, and his preliminary hearing is to continue Aug. 27. Tai said the other three were granted supervised release.
Two other men and a woman also were charged, along with a 15-year-old boy, two 17-year-old boys and a 16-year-old girl.
Reach Kevin Dayton at (808) 935-3916 or kdayton@honoluluadvertiser.com.
