Hawai'i Legal News

  State v. Aquino (HSC June 28, 2024) Background. Alexander Aquino was charged with unlawful imprisonment in the first degree. HRS § 707-721(1)(a). Here is the charge:   On or about the August 1, 2020 through August 21, 2021, in Kona, County and State of Hawai‘i, ALEXANDER AQUINO, as a principle [sic] or accomplice, knowingly restrained another person, L.R., a minor born in June of 2007, under circumstances which exposed L.R. to the risk of serious bodily injury, thereby committing the offense of Unlawful Imprisonment in the First Degree, in violation of Section 707-721(1)(a), Hawai‘i Revised Statutes, as amended.   Aquino filed a motion to dismiss. The statutory term “restrain” means “to restrict a person’s movement in such a manner as to interfere substantially with the person’s liberty” either through force, threat, or deception or “[i]f the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custod

  State v. Hoffman (HSC October 17, 2024) Background. Officer Warren Tavares is an officer with the Department of Land and Natural Resources on the leeward side of Kauai. He saw Randall Hoffman dumping green waste in a trailer attached to a truck. Officer Tavares stopped, approached Hoffman, and pointed to a sign that stated dumping was prohibited. Officer Tavares told Hoffman to stop throwing the green waste because it was illegal. Hoffman responded by saying, “Fuck you, I don’t give a shit.”   In an effort to get Hoffman to stop, Officer Tavares told Hoffman that this was unlawful, and he could get cited and arrested for criminal littering. He also said that the State and other agencies worked together, spent more than $100,000 cleaning up the area. He added this was a high crime area with lots of abandoned cars and there had been “drug activity.”   Hoffman responded to that by saying “Fuck you.” Hoffman explained that he was turned away from the Hanapepe Refuse Station. O