LIHU‘E — Nearly two months after a jury found Kekora J.K. Krueger guilty of robbery and assault, his motion to acquit one of the charges was denied Monday in 5th Circuit Court. Krueger, 33, of Hanapepe, and his defense counsel,
LIHU‘E — Nearly two months after a jury found Kekora J.K. Krueger guilty of robbery and assault, his motion to acquit one of the charges was denied Monday in 5th Circuit Court.
Krueger, 33, of Hanapepe, and his defense counsel, Emmanuel Guerrero, presented a renewed motion for judgment of acquittal on a second-degree robbery charge. He said it amounted to an additional offense that was not part of the indictment and presented was essentially double jeopardy.
The defense asked for a dismissal, or in the alternative, a motion for a new trial.
County Deputy Prosecuting Attorney Melinda Mendes said the lesser charges contain the same underlying elements of inflicting or intending to inflict physical force that was included in the initial offense of first-degree robbery and attempted first-degree assault.
There was nothing that amounted to a new offense in the charges that went to the jury on May 15, she said.
Judge Kathleen N. A. Watanabe said the court allowed more than four hours to set jury instructions in addition to the many issues presented during the seven-day trial. After reading the motion and response, the judge said she was in agreement with the prosecution and denied the motion for acquittal of the charge or a new trial.
Watanabe suggested that the appellate process might be the more appropriate route for these issues to be addressed.
The judge did allow a slight increase in bail to allow Krueger to begin earning credit for time served between now and his Aug. 22 sentencing date for the felony and misdemeanor charge. He faces a maximum sentence of 10 years incarceration with a mandatory minimum term of imprisonment of six years and eight months, based upon having two separate prior felony convictions.
Krueger was convicted of participating in an April 6, 2011 robbery and assault of Theodore Henke, a German citizen, after leaving Nawiliwili Tavern just before 3 a.m.
A co-defendant, Lurguial M. Counts, 36, changed his plea to guilty at his May 7 trial hearing and will be sentenced on two felony convictions on Aug. 22. He pleaded to a reduced count of second-degree robbery and felony credit card theft and a first-degree assault charge was dismissed.
The third co-defendant, Niquitta Kilmer, was granted immunity from prosecution for testifying against Krueger.
