HONOLULU — A Hawaii appeals court has overturned the harassment conviction of a former member of a National Guard youth program, finding the state failed to prove one element of the crime.
HONOLULU — A Hawaii appeals court has overturned the harassment conviction of a former member of a National Guard youth program, finding the state failed to prove one element of the crime.
The Hawaii Intermediate Court of Appeals handed down the ruling Monday, overturning Burt Calaycay’s 2016 conviction stemming from his time in the Hawaii Youth Challenge Academy, the Honolulu Star-Advertiser reported .
Calaycay was charged in 2014 with misdemeanor harassment involving a 17-year-old female cadet. He was also charged with two counts of misdemeanor sexual assault involving contact with another 17-year-old cadet.
During the 2016 trial on the harassment charge, the teen told the court that Calaycay’s propositions for sex made her feel uncomfortable, scared, unsafe and depressed that she would not be able to complete the program.
A judge found Calaycay guilty and proposed a $100 fine. Calaycay appealed the conviction.
He also pleaded no contest to the sexual assault charges, but his sentencing was put on hold during the appeals process.
The court found the harassment victim did not say that Calaycay’s proposition made her fear that he was going to inflict bodily injury, a standard required under the offense.
Calaycay is scheduled to be sentenced on the sexual assault charges in November. He is seeking to avoid conviction by deferring his no contest pleas.
A Hawaii National Guard spokesman said Calaycay was removed from the youth program following the criminal charges.
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Information from: Honolulu Star-Advertiser, http://www.staradvertiser.com
