Emotions run high after motion denied in robbery case

LIHU‘E — A defendant in the Koloa Chevron robbery case was denied supervised release while awaiting sentencing Tuesday in 5th Circuit Court, resulting in his mother getting arrested for contempt of court.

Josiah K. Kaluna, 18, of Koloa, pleaded guilty to second-degree robbery and fourth-degree criminal property damage on June 20. He was seeking supervised released prior to his sentencing on Oct. 3.

State Public Defender Stephanie Sato argued to the motion for supervised release, or bail reduction. She said Kaluna would be supervised in a stable home and under the care of counselors.

Kaluna has already pleaded guilty and taken responsibility for his actions, Sato said. This would be a chance for him to prove he can perform well under supervision and would look good for him at sentencing.

County Deputy Prosecuting Attorney Melinda Mendes said the defendant was the most violent of the four defendants in the case. She said security video shows that he punched and kicked the store manager at two points in the robbery, along with smashing store property.

Mendes said Kaluna has been in physical confrontations at Kaua‘i Community Correctional Center and was on suicide watch. She said he is will likely receive prison time at sentencing and he would be a flight risk, along with being a danger to the community.

Judge Kathleen N. A. Watanabe said she had to agree with the state and denied the motion in the interest of public safety and the defendant.

The decision proved too much for Kaluna’s mother. As several family members left the courtroom, the door was not yet closed when she said “I love you Josiah,” and added an obscenity directed at the court.

Watanabe ordered the woman brought back into the courtroom. She told the judge that she did indeed say the remark.

The judge ordered the woman to have a seat and wait for the police to arrive. She was going to be arrested and the matter will be dealt with from there, Watanabe said.

“That was contemptuous behavior,” she added.

The emotions were running high and the woman could not stop admonishing the court for denying the motion. “Don’t make it worse on yourself,” Watanabe added.

Outside the court, family members said Kaluna was made to look like a monster while other co-defendants with police records were granted a release.

They were playing ball with the prosecution, one person said.

As the next hearing continued, Kaluna’s mother grew impatient waiting for the police to arrive, and interrupted the proceedings to ask if she could just go turn herself in. Watanabe asked her to sit still.

Defense attorney Craig De Costa asked to discuss another case in chambers and the court recessed. The woman was arrested before court reconvened 15 minutes later.

Kaluna was one of four defendants tried separately for the Jan. 4 robbery of a Koloa service station and convenience store. Each was charged with first-degree robbery and attempted second-degree theft, with Saio and Vicente receiving additional charges of assaulting the store manager — and Vicente with brandishing a foot-long knife.

Kalai Hans Vicente, 19, of Kapa‘a, pleaded guilty to an amended charge of second-degree robbery on July 5, and is scheduled to be sentenced on Oct. 10.

Clarence Montgomery Ka-Ne II, 21, of Koloa, pleaded guilty to an amended charge of second-degree robbery on June 18.

He was granted supervised release and will request a deferred acceptance of his guilty plea on Sept. 26.

Mason Noah Saio, 20, of Kalaheo, is the only defendant that did not accept a plea deal.

He has a new attorney, Craig De Costa, and a motion to suppress evidence related to a police lineup for identification of the suspects was removed from the Wednesday calendar.

Saio remains in custody at Kaua‘i County Correctional Center. He faces first-degree robbery, attempted second-degree theft and third-degree assault charges.