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Updated at 5:25 p.m., Sunday, June 17, 2007

Two sentenced on Maui for 'Iao Valley robbery

By LILA FUJIMOTO, Maui News

WAILUKU, Maui — For a robbery of a tourist at Iao Valley State Park two years ago, one man was sentenced Wednesday to a 45-day jail term while another man was ordered to perform 200 hours of community service.

Second Circuit Judge Joel August ordered the jail term for 21-year-old Christopher Calibuso, who also was ordered not to consume alcohol or illegal drugs as part of his five years of probation.

Saying co-defendant Douglas Kaleikini Jr. was less involved in the robbery, August suspended a 10-day jail term for the 19-year-old while placing him on five years of probation.

Based on testimony during their 2nd Circuit Court trial, August said neither Calibuso nor Kaleikini instigated the crime. But the jury found both Wailuku men guilty of second-degree robbery for their participation.

California resident William Blake Gilmore, who was 17 at the time, testified that he was confronted by four males as he walked down the park trail the afternoon of Aug. 15, 2005.

Gilmore said he had stepped off the trail to let the four pass before two males stepped in front of him while two others stood behind him, containing him in the brushy area off the trail. He said Calibuso grabbed his arms behind his back while another male punched him in the mouth and demanded his wallet.

When he refused to hand it over, Gilmore said, the male pulled the wallet from his pocket. Kaleikini and the other male snickered, Gilmore said, before he grabbed his wallet back, got up and ran down the trail, yelling for help.

Gilmore and his brother photographed Calibuso and Kaleikini as they emerged from the trail, with the photographs leading to their arrests a couple of weeks later.

While Calibuso and Kaleikini could have faced 10-year prison terms, their attorneys and Deputy Prosecutor Carson Tani recommended probation for the crime.

Tani recommended a one-year jail term, saying it was "troubling" that Calibuso continued to deny he was responsible for the robbery.

At the bottom of the trail, Calibuso "acted like a guilty person by trying to hide his face with his shirt" when he saw the camera, Tani said. He said Calibuso challenged the Gilmores to a fight, with Kaleikini taking a swing at William Gilmore.

While Calibuso maintained that he didn't commit the acts described by Gilmore, "he should have acted differently that day," said defense attorney Ben Herren.

"He has an insight into who he should be hanging out with and what his responsibilities are," Herren said.

August noted that Calibuso has prior convictions for two counts of contempt of court, driving under the influence of alcohol in 2005 and cruelty to animals in 2006.

The judge said Calibuso could serve the jail term on consecutive weekends starting this afternoon so he could continue working at a part-time construction job.

During a separate sentencing hearing for Kaleikini, his father, Douglas Kaleikini Sr., said his son had been driving other youths to the park to swim without any trouble before.

He said he was upset that the youth who actually punched Gilmore wasn't brought to court.

"Right now, my son is trying to change his life," Kaleikini said. "He has a young baby."

The prosecutor's office has said it can't comment on any possible criminal action against the other two youths identified as being involved in the robbery because they are juveniles.

"I wasn't guilty in this case, that's what I say," Kaleikini said in court Wednesday.

Deputy Public Defender Greg Ball said Kaleikini no longer associated with Brendan Perry, who was identified in trial testimony as the youth who punched Gilmore.

"My client has a life lesson learned, and it's sometimes good deeds go punished," Ball said.

August said it didn't appear the robbery was planned by the four youths.

"It doesn't appear that this group of young men went up with the intention of committing some criminal act against the tourists," August said.

For more Maui news, visit The Maui News.