Defendants at odds over
assault during robbery

---

By Debra Barayuga
Star-Bulletin

An 82-year-old Kailua woman said a man who broke into her home last August shoved, handcuffed and advised her to be quiet.

"He said, 'If you're quiet we won't hurt you anymore,'" Momoye Sakata testified yesterday in the kidnapping trial of Kawika Crites-Burgess, 20.

"I didn't know what was going on, so I kept quiet."

The jury-waived trial was to resume today in Circuit Judge Sandra Simms' courtroom.

Crites-Burgess is charged with holding Sakata against her will in the Aug. 21 burglary and robbery at her Ulupalakua Street home. Sakata sustained a broken left wrist.

Crites-Burgess earlier pleaded guilty to first-degree burglary and second-degree robbery. But he went to trial on a kidnapping charge, punishable by a mandatory 20 years, because he disputes assaulting Sakata, saying his co-defendant, Evan Lowther, did it.

"I had nothing to do with the kidnapping because I didn't know someone was in the house," he said.

During opening statements, defense attorney Myles Breiner said that Crites-Burgess, who had not slept for two days because he had been using crystal methamphetamine, went to Lowther's home early Aug. 21. He found Lowther donning camouflage gear and planning to burglarize a home several houses from his grandmother's. Lowther allegedly had a flashlight and handcuffs.

"Evan Lowther planned this, executed it, had equipment for executing this burglary," Breiner said.

He said Lowther entered into a deal with the state for reduced penalties in exchange for his testimony implicating Crites-Burgess.

Lowther, 19, pleaded guilty yesterday to first-degree burglary, second-degree robbery and kidnapping.

Under a plea agreement, he faces a mandatory minimum of three years and four months for the burglary and robbery because the victim was over 60 years old.

The state has agreed not to seek the mandatory 20 years on the kidnapping charge in exchange for his testimony.

Lowther admitted to the court that he and Crites-Burgess broke into Sakata's home and robbed her, but he denied pushing the widow.

Victor Bakke, Lowther's attorney, said Crites-Burgess is lying when he claims Lowther was the one who assaulted Sakata. He said Lowther made a stupid mistake and is willing to take responsibility for the burglary and robbery.

Sakata testified that the bigger of the two dark-clothed figures who broke into her home was the one who shoved her, sending her flying about four to five feet.

Lowther will be sentenced Aug. 14. Crites-Burgess will be sentenced on the burglary and robbery on Aug. 21.