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The Honolulu Advertiser
Posted on: Wednesday, September 28, 2005

Ex-official pleads not guilty to theft

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — The former chief engineer for Hawai'i County pleaded not guilty yesterday in Hilo Circuit Court to second-degree attempted theft in a case in which he and another official are accused of trying to get the county to pay for shipping two stoves from O'ahu for their own use.

The state Department of the Attorney General filed a criminal complaint against Dennis K.W. Lee on Sept. 14. If convicted of the felony, he could face up to five years in prison.

Lee, 59, worked for the county water and public works departments for more than 30 years. In 2001, Mayor Harry Kim appointed him chief engineer of public works, but Lee left the post the following year to return to the water department as chief of operations. He resigned in November after the allegations came to light.

Water department district supervisor Dean Fukuyama was charged Friday with second-degree attempted theft in connection with the case. Fukuyama remains on the job, but declined to comment yesterday.

Lee's attorney, Brian De Lima, said prosecutors advised him in a letter that the charges grew out of an attempt in July and August 2004 to obtain a used commercial-grade, six-burner gas range for an employee break room in the South Hilo baseyard. The range was being discarded by the University of Hawai'i, and Fukuyama allegedly made arrangements to obtain the appliance, while Lee processed a $422 purchase order to cover the cost of interisland shipping.

Two additional used stoves from UH were loaded into the container, and Lee and Fukuyama allegedly each took one of the appliances, De Lima said. Lee has since paid the shipping costs, he said.

"While there may have been extra room in the container, (Lee) should not have taken advantage of those circumstances, and that's something that he recognized and that's why he quickly admitted the inappropriateness of his actions and felt responsible for having to pay for the shipment," De Lima said.

Judge Greg Nakamura set a trial date of Feb. 6. De Lima said Lee likely will plead no contest and seek a deferred acceptance of the plea so that his record can be wiped clean if he completes probation.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.