LIHU‘E —The remaining defendant in the Koloa Chevron robbery case has refused a plea deal and is going to trial. Mason Noah Saio, 20, of Kalaheo, faces first-degree robbery, attempted second-degree theft and third-degree assault charges. He is the only
LIHU‘E —The remaining defendant in the Koloa Chevron robbery case has refused a plea deal and is going to trial.
Mason Noah Saio, 20, of Kalaheo, faces first-degree robbery, attempted second-degree theft and third-degree assault charges. He is the only one of four defendants tried separately in the incident to refuse the plea deal.
Defense attorney June Ikemoto said Monday afternoon in 5th Circuit Court that no plea deal was accepted. She also entered a motion to withdraw as counsel, based on professional and ethical obligations and in the best interest of the case moving forward.
County Deputy Prosecuting Attorney Melinda Mendes said the plea offer expired Monday. She asked the judge to inform the defendant that to change attorneys at this point would delay his trial for several months.
Following a recess, Saio said that after discussing his options with Ikemoto, that it was his wish to approve the withdrawal and work with a new attorney.
Judge Kathleen N. A. Watanabe said the state public defender could not represent Saio, as the office represented another defendant in the case. She granted court appointed counsel to replace Ikemoto.
Defense attorney Craig De Costa will serve as replacement counsel. On a July 30 status hearing, the judge said De Costa would have an opportunity to continue Saio’s motion to suppress evidence related to a police lineup identification and a new trial date will likely be set for December.
Watanabe granted a bail study for Saio. He remains in custody at Kaua‘i County Correctional Center.
Kalai Hans Vicente, 19, of Kapa‘a, decided not to pursue a similar motion to suppress evidence and go to trial, and pleaded guilty to an amended charge of second-degree robbery on July 5.
Reduced from an A-felony first-degree charge, the amended B-felony carries a maximum 10 years jail and $25,000 fine.
Clarence Montgomery Ka-Ne II, 21, of Koloa, pleaded guilty to an amended charge of second-degree robbery on June 18. He is the only defendant to be granted supervised release prior to sentencing and will request a deferred acceptance of the plea at a Sept. 26 hearing.
Josiah K. Kaluna, 18, of Koloa, pleaded guilty to second-degree robbery and fourth-degree criminal property damage on June 20. He will be sentenced on Oct. 3.
The Jan. 4 robbery included theft and property damage.
Each was charged with first-degree robbery and attempted second-degree theft.
In addition, Saio and Vicente are charged with assault of the store manager as the other two smashed items, stole cash, alcohol, cigarettes and other items.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
