LIHUE — A former state representative was sentenced to community service Wednesday for illegally receiving rocks from a historic preserve and heiau site in 2011. Roland Diaz Sagum III was sentenced to 200 hours of community service. His request to
LIHUE — A former state representative was sentenced to community service Wednesday for illegally receiving rocks from a historic preserve and heiau site in 2011.
Roland Diaz Sagum III was sentenced to 200 hours of community service. His request to serve the sentence with the Royal Order of Kamehameha was approved by the court.
Sagum, 58, of Kalaheo, changed his plea to no contest for third-degree theft on April 9. The misdemeanor charge was reduced from the original class C felony charge of second-degree theft.
“I apologize to the court and to the people of Kauai,” Sagum said in court. He went on to say that he would be careful about who he works with in the future.
Judge Kathleen Watanabe asked Sagum if he shared responsibility in the charge.
“That is correct,” Sagum replied. “That is why I am requesting community service, to show that I am taking responsibility.”
Watanabe granted the motion for Sagum to defer acceptance of his no contest plea. It would allow the conviction to be stricken from his record with successful completion of a one-year misdemeanor probation.
Representing Sagum, private defense attorney Craig De Costa said in court that his client was “at worst, not careful” and “was not the more culpable individual involved.” The rocks were not taken from a heiau and were returned to development site where they were taken, he said.
The co-defendant in the case, Lealiki Koli, 50, of Anahola, was arraigned on April 2 for second-degree theft and second-degree criminal property damage. His jury trial date is July 15.
County Second Deputy Prosecuting Attorney Rebecca Vogt said in court that it is difficult to believe that Sagum had no knowledge that the rocks were obtained illegally. He visited the property of Kukuiula Development Company with the co-defendant just prior to the delivery of five truckloads of rocks to his property to build a wall on June 27, 2011.
Watanabe said she agreed with Vogt’s assessment that Sagum should have been aware of the origin of the materials coming onto his property. It is a tough lesson learned, she said, but in the end the homeowner is responsible for his property.
Sagum must complete the hours prior to the end of his one-year probation. The judge said it is appropriate for Sagum, who is one-quarter Hawaiian, to serve his community service with the Royal Order of Kamehameha.
“That will be pono for everyone,” Watanabe said.
Sagum was the state representative for Kauai’s 16th District, Koloa to Niihau, from 2006 to 2010.
