LIHU‘E — Kyle Akau, 26, was sentenced Monday to 10 years in prison for violating probation. He had been convicted in the armed robbery of Aureo Moore, 34, at the Safeway parking lot Aug. 21, 2010.
Moore was killed Dec. 17, 2010, by Vicente Hilario, 26, who was allegedly driving the get-away car at the Safeway robbery.
Akau was serving a five-year felony probation after an 18-month jail sentence, when he was returned on a bench warrant Feb. 5 for non-compliance with his probation terms. He was held on $100,000 bail.
Fifth Circuit Court Judge Kathleen Watanabe said in court that Akau’s probation was revoked March 5 after he admitted to missing a June 25 appointment with his probation officer. He denied other allegations of missed appointment based on work and domestic circumstances.
Watanabe said the court is familiar with Akau. She said he is an intelligent young man and that she didn’t buy into his story. She sentenced him to concurrent 10-year prison terms for second-degree robbery and ownership or possession of any firearm or ammunition prohibited by a person convicted of certain crimes.
He was also sentenced to one-year for misdemeanor second-degree reckless endangerment.
Akau said he was sorry but that he was not sure what to do when he decided to leave the waiting room during an appointment to see his probation officer. He said his employer called and told him to return to work or be fired.
The employer later threatened to blackmail him by telling his probation officer information that would get his probation revoked, Akau said. He was now working elsewhere, but said his living arrangements also made it impossible to get his mail from the court.
Court-appointed defense attorney Craig De Costa asked for a new term of probation and for Akau to be sentenced to 43 days, the time served since his most recent arrest. He said another probation was appropriate given the circumstances.
The defendant has performed well under supervised release, De Costa added. If the court felt jail was necessary then he encouraged Hawai‘i Opportunity Probation with Enforcement program (HOPE Probation) in the alternative.
County Deputy Prosecutor Melinda Mendes said Akau clearly absconded from his probation and eluded authorities for more than seven months. He did not turn himself and was caught after an active search, she said.
Mendes asked for the 10-year prison term saying the defendant was given an opportunity with probation and chose to be non-compliant and make his own rules. She said the community would be at risk from a violent offender who was on probation for an act of violence, a felony robbery in which a firearm was discharged.
Armed robbery
Akau was charged with the Aug. 21, 2010, armed robbery of Moore at Kaua‘i Village Shopping Center, by Safeway Supermarket. His trial date was set for Dec. 27, 2010, where Moore was to testify against Akau that he used a handgun to rob him of prescription pain medication and cash.
Trial testimony noted that Akau was arrested with Hilario in Wailua on Aug. 24, 2010. He was caught with two handguns, ammunition and 123 oxycodone pills.
Moore would be shot to death at Anahola Beach Park four months after he was robbed.
Hilario was convicted of first-degree murder by a 5th Circuit jury on March 8, a crime that was believed to prevent Moore from testifying against Akau.
Akau entered a no contest change of plea four days into his jury trial on Feb. 24, 2011. He plead to an amended count of second-degree reckless endangerment, second-degree robbery, and ownership or possession of any firearm or ammunition prohibited by a person convicted of certain crimes.
He was sentenced on May 16, 2011, and could have received an extended term of 31 years prison for the multiple felony offenses. He received felony probation in the alternative.
Akau is also charged in another matter that resulted from his arrest on the bench warrant. He is charged with second-degree assault against a law enforcement officer, second-degree assault, resisting arrest and harassment. His trial date is scheduled for June 10.
“Do good time and deal with the parole authority,” Watanabe said. “I believe that you know in your heart that this is an appropriate sentence.”
