Philippine officials look into Kauai man's death

Charged on various counts in the case is Henry Calucag

The investigation into the disappearance and death of John Elwin, whose vehicle and Kauai real estate were allegedly stolen by a friend who accompanied him to the Philippines, is expanding.

"Last week, law enforcement officials in the Philippines positively identified the body of John Elwin and confirmed that he died under suspicious circumstances," Deputy City Prosecutor Chris Van Marter said. "We've been informed by law enforcement officials in the Philippines that they are investigating the circumstances of John Elwin's death."

Van Marter is prosecuting Henry Calucag, who allegedly accompanied Elwin to the Philippines in May. Also known as Hank Jacinto, Calucag has been charged with identity theft, theft and forgery.

Police said Calucag took possession of Elwin's vehicle and parcel of land in Kalihiwai using forged documents following Elwin's disappearance. Elwin's body was found last week outside Manila with a shot to his head.

FBI Special Agent Brandon Simpson said he cannot confirm or deny whether his agency is investigating the case. But he said charges of identity theft, fraud, wire fraud and passport fraud fall within the agency's jurisdiction.

And as a matter of protocol, the agency would investigate cases that fall within its jurisdiction, Simpson said.

The FBI has agents in other countries, including the Philippines, assigned as attaches to act as liaisons between local law enforcement agencies and the U.S. government. Simpson said the attaches can assist in cases with international connections.

Calucag, 57, was scheduled to ask a state judge to either grant him bail or supervised release yesterday pending his trial next month. But his attorneys asked state Circuit Judge Michael Town for two more weeks to put together their case. The hearing has been rescheduled to Nov. 9.

Calucag remains in custody in Oahu Community Correctional Center without the opportunity for bail.

"The last hearing, we were caught somewhat off guard (with) the number of accusations that were made against Mr. Calucag," said Jeffrey Hawk, Calucag's attorney. "We need to be able to address those and show those accusations and those circumstances simply weren't true."

On Sept. 14 the state presented evidence and testimony in court of Calucag's prior federal bank fraud convictions, his violations of parole and the basis for the current charges. A Honolulu police detective also testified that Calucag's purported computer network business is no more than a mail drop.

Following the hearing, acting state Circuit Judge Faauga Tootoo determined that Calucag is a serious flight risk and ordered him into custody with no opportunity for bail.

Hawk said he is waiting for an affidavit from Calucag's attorneys in the Philippines confirming that Calucag has legitimate businesses there. Calucag's other Hawaii attorney, Robert Miller, said he went to the Philippines and saw the businesses firsthand.

But Van Marter said whether Calucag has legitimate or illegitimate businesses here or in the Philippines has no bearing on his risk of flight. And he said the discovery and identification of Elwin's body makes him an even greater flight risk.