No charges filed in juvenile rape case

Update posted on Monday, November 28, 2005 1:48 PM HST *

Star-Bulletin Staff
citydesk@starbulletin.com

Five boys arrested in connection with the sexual assault of an 11-year-old girl at a downtown park have not been formally charged with a crime, according to Capt. Frank Fujii, Honolulu Police Department spokesman.

The Star-Bulletin reported in both the morning and afternoon editions today as well as its online edition that police filed charges against the boys yesterday.

That report was based on statements by police last night.

The city prosecutor's office is working with the Family Court on formal charges against the boys but none has been filed.

Four of the boys -- two 13-year-olds, a 14-year-old and a 15-year-old -- were arrested Saturday at their homes at about 6:30 a.m. A fifth boy, age 11, turned himself in to police about two hours later.

They are being held at the Juvenile Detention Facility on Alder Street.

The victim and an 11-year-old friend were walking home from an event at Central Intermediate School about 7:45 p.m. Tuesday when one of the boys allegedly pulled the victim to a playground slide at Beretania Community Park and sexually assaulted her, then called five other boys to do the same. The other girl was not attacked.

One of the boys hit the girl in the face, her mother has said.

A sixth boy present tried to stop the others, her daughter told her, so he will not face charges.

City Prosecutor Peter Carlisle could not talk specifically about the case because of privacy rules regarding juvenile suspects and added that proceedings will likely be shrouded in the confidentiality of Family Court.

"This is an appalling case and it will be handled in a system that's cloaked in privacy so the public won't get to know the who, how, and why this thing happened," he said.

"There won't be convictions, there will be adjudications which is not carried as a felony record."

Only the 15-year-old boy meets the criteria to possibly be tried as an adult, Carlisle said.

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CLARIFICATION

Monday, November 28, 2005

This story was updated online with a more current version containing updated information as of 9 p.m. on Monday, November 28, 2005 by the webmaster.

Man and boy burned in Koko Head boat fire

A 25-foot recreational fishing boat caught fire about a mile off Koko Head yesterday morning, leaving a man and boy with serious burns.

The incident happened about 8:50 a.m., and good Samaritans in a nearby fishing boat picked up the victims along with a third passenger after they jumped into the water to escape the burning wreckage.

The three were dropped off at Moanalua Bay boat ramp, where paramedics took the man and boy, whose ages were not given, to Straub Clinic & Hospital.

The man suffered extensive burns to his face and extremities, while the boy had burns to his feet and legs, Honolulu Fire Department spokesman Emmit Kane said.

The third passenger, an adult man, was treated at the scene and released. A 41-foot Coast Guard utility boat got to the burning vessel, called Eye Catcher, by about 9:45 a.m. and started fighting the flames. A Fire Department helicopter and boats also helped.

Once the flames were out, the Coast Guard towed the boat to Moanalua Bay, and a friend of the boat's owner was to tow it away. But at about 12:30 p.m., as the boat was being towed near the Kalama Valley Shopping Center, it caught fire again. At that point it had about 100 gallons of fuel on board.

Hazardous-material firefighters responded to put out the flames and empty the boat of its fuel. Kane said it is unclear what started the initial fire or the second blaze. Both are under investigation.

Crews might halt search on Hauula trail

Firefighters were to decide this morning whether to continue the search for a 58-year-old woman who went hiking Thanksgiving Day on Hauula Loop Trail and did not return home.

A man who had also hiked the trail on Thanksgiving told police yesterday that he had twice seen Barbara Whaley on Thursday afternoon.

Firefighters searched that area yesterday. On Saturday, firefighters found Whaley's medications about three-fourths up the trail.

The last anyone heard from Whaley was on Thanksgiving morning, when she called a friend to say she was starting out on the densely wooded trail. Police has said Whaley is a diabetic, has heart problems and recently had knee surgery. She has been diagnosed with bipolar disorder and moved to the islands from Oregon in September.

Whaley is described as being 5-foot-1 and weighing about 180 pounds, with short, gray hair and brown eyes. She was wearing a peach-colored T-shirt and blue denim pants. Anyone with information on Whaley is asked to call missing-persons Investigator Phil Camero at 584-4444 or CrimeStoppers at 955-8300.