Advertisement - Click to support our sponsors.

Judge revokes
sex offender’s
probation

By Rod Thompson
Big Island correspondent

HILO -- A sex offender whose sentence in a Honolulu case brought criticism from Gov. Ben Cayetano as being lenient has had his probation revoked in an unrelated Big Island case.

Judge Riki May Amano yesterday revoked the probation of Habib Shabazz but allowed him to remain free on bail until resentencing June 13.

Shabazz, 23, and Mario Crawley, 28, were convicted in March of sexually assaulting a 17-year-old girl in a Waikiki hotel room in 1998. They said the girl consented.

Three weeks ago Judge Sandra Simms sentenced Crawley to 10 years in prison, but sentenced Shabazz to five years probation.

Cayetano said Shabazz's sentence was out of proportion to the crime.

According to court testimony yesterday, Shabazz was convicted of a 1996 west Hawaii burglary and was sentenced to five years of "supervision" -- equivalent to probation -- under a "deferred acceptance of no-contest" plea.

During the supervision, he tested positive for marijuana, failed to check with his probation officer and allegedly committed trespass, a probation officer testified.

In March last year, Amano revoked his deferred no-contest plea and sent him to prison for 10 years. But in June, acting on a defense motion, she reversed herself and again put him on probation.

Shabazz was indicted for the Waikiki sexual assault about that time, but Amano said he was presumed innocent of that charge until he was proven guilty, so she could not use it to deny him probation for the burglary.

With the sentence passed three weeks ago for the sexual assault, Amano said she is now required by law to revoke his burglary probation.

Deputy Prosecutor Craig Masuda asked for Shabazz's bail to be increased to $50,000, saying he is now more of a flight risk, but Amano kept it at $5,000.

Amano granted defense attorney David Kuwahara's request for "time to work on resentencing."