LIHUE — The sentencing of a former Kauai Police Department officer convicted of harassment and the use of a computer to commit a crime was continued in Fifth Circuit Court Thursday.
Sentencing was rescheduled to Aug. 30.
According to court documents, Damien Loo was charged by a grand jury indictment in 2017 on one count of harassment by stalking and one count of using a computer to commit a crime.
The incidents occurred on or about March 22, 2017 through April 13, 2017.
Loo is facing one year in prison for the harassment by stalking conviction, a misdemeanor crime and up to a $2,000 fine.
For using a computer to commit a crime conviction, a C class felony, he is facing up to five years in prison and a $10,000 fine.
Court documents say that Loo, who was assigned to monitor the police cellblock, used his position to monitor a female employee.
During his employment at KPD, court documents say Loo had a reputation for being dishonest and was reprimanded for his dishonesty and assigned permanently to police cellblock.
His employment would eventually be terminated for his dishonesty during the investigation of this case, according to court documents.
The case was prosecuted by the state Attorney General’s office after Kauai Prosecuting Attorney Justin Kollar declined to pursue charges.
“We are declining to prosecute in this matter. Harassment by stalking is a specific intent offense and that intent cannot be proven in this case. Not to say we condone Officer Loo’s actions, but they do not rise to the level of a criminal offense,” Kollar said in an email to the victim’s attorney Melinda Mendes on May 17, 2017.
In response to Kollar’s decision not to prosecute the case, Mendes said that Loo was monitoring the victim every day at their work place for a 10-day period, which was corroborated.
“He was also constantly calling her to ask stupid questions in order to get to talk to her and in the past on two occasions she caught him videoing her, and there was one occasion that he showed up near her second work place unannounced,” Mendes said.
On Sept. 15, the Attorney General’s office announced Loo’s indictment.
The case was tried in May and Loo was found guilty.
•••
Bethany Freudenthal, courts, crime and county reporter, can be reached at 652-7891 or bfreudenthal@thegardenisland.com.
