Forfeited cash and property used to fight crime

LIHU‘E — The County Office of the Prosecuting Attorney works closely with the Kaua‘i Police Department to submit forfeiture petitions and settlements to the Attorney General regarding the forfeiture of items which have been confiscated as fruits or instruments of crime.

When a forfeiture petition is granted, the items are forfeited to the state and either kept for use by law enforcement or sold with the proceeds used to fund state and county training, equipment, and other needs to combat criminal activity.

“Forfeiture actions not only serve as an excellent crime deterrent, but also help support many essential county law enforcement activities.” said County Prosecutor Shaylene Iseri-Carvalho.

“We remain committed to ensuring that criminals don’t profit from their crimes.”

The prosecuting attorney’s request for forfeiture of property or settlements in lieu of forfeiture was granted by the state attorney general in the following recent cases.

The attorney general granted the state’s forfeiture settlement relating to Ken Yamahiro’s criminal drug trafficking case on May 2. The settlement required Yamahiro to pay the state $5,900 in exchange for an agreement to keep two of his vehicles.

Forfeiture proceedings relating to Yamahiro’s vehicles had been initiated by the prosecuting attorney based on the defendant’s use of the vehicles in suspected methamphetamine trafficking. KPD performed a search of his vehicles and recovered more than 28 grams of methamphetamine and $2,000 in cash.

On May 2, 2012, a forfeiture settlement was approved by the attorney general relating to the forfeiture of a 2003 Toyota truck belonging to Zachary Schwartz.

He was ordered to pay $5,000 in exchange for an agreement not to pursue forfeiture of his truck.  

Forfeiture was sought by the prosecuting attorney based on evidence that the truck had been used in a burglary and theft committed by Schwartz. He allegedly used the vehicle to get to and from the burglary and theft locations.

Schwartz had his criminal trial on the matter on June 4.

Vicente Hilario, who will go to trial this September for a 2010 murder, forfeited cash as robbery proceeds.

A 1996 Honda sedan belonging to Alicia Kilpatrick was forfeited for methamphetamine possession. On April 30, the attorney general granted the state’s petition for administrative forfeiture the car.

The petition was brought by the Office of the Prosecuting Attorney based on a police search of the defendant and her vehicle, which revealed more than four grams of methamphetamine.

Melvan Ruaboro forfeited his 2002 Toyota pickup for firearm and drug possession.

Joshua K. Tumbaga forfeited his 1994 Honda sedan for drug possession. The attorney general on April 30 granted the state’s petition for administrative forfeiture of the car.

The sedan was subject to forfeiture after it was searched by police in connection with a vending machine robbery that revealed weapons and illegal drug paraphernalia.

Mary Lou Kai forfeited a motorcycle as proceeds of meth trafficking. On April 30, the attorney general granted the state’s petition for administrative forfeiture of the 2008 Chaozhong Motorcycle.

This vehicle was subject to forfeiture based on KPD’s investigation of Kai’s drug-selling activities. Police officers executed a search warrant on her property and found more than 30 grams of methamphetamine.

Kai admitted that she was a meth dealer and that the motorcycle had been purchased using illegal drug proceeds.

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