Retired police
lieutenant pleads
no contest to theft

The 30-year veteran allegedly took
pay for hours he did not work

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By Debra Barayuga
dbarayuga@starbulletin.com

A police lieutenant who retired from the Honolulu Airport detail two years ago pleaded no contest yesterday for collecting pay when he did not show up for work or went to work late.

Circuit Judge Richard Perkins found Felito Laboy Jr., 57, guilty yesterday of second-degree theft, a felony punishable by a maximum five years in prison and a $10,000 fine.

Laboy, who served 30 years in the department, retired in 1999. He was the highest-ranking police official at the airport detail.

A retired police sergeant also assigned to the airport is to be arraigned in court Monday on similar charges. The state charged retired Sgt. James Duarte, 51, a 25-year veteran, on Wednesday with second-degree theft for pay he was not entitled to.

Michael Green, attorney for Laboy, said that as commanding officer at the airport, his client accepts responsibility for what occurred under his watch.

"He's performed on behalf of the people for years. He's served and protected this community, and it's sad it had to happen," Green said.

Rather than go through lengthy discovery and review of all the hours he allegedly worked or did not work, Laboy decided to plead to the charges, take responsibility and go on with his life, Green said.

The airport was undermanned and understaffed for many years, with supervisors working many hours even if there was no money in the budget for it, Green said.

Deputy Attorney General Chris Young said all the state expects is, "if you say you work eight hours, you do your eight hours."

Part of the problem, he said, is that when individuals see there is no one to oversee them, they take advantage of the situation.

"That's what appeared to have happened in this case. Because he was the highest-ranking person there, there was no oversight, and he basically was left to do as he pleased."

Under a plea agreement, the state will not ask for imprisonment but may object if Laboy requests a deferral of his plea, which would allow him to wipe the conviction off his record.

Laboy will be sentenced Dec. 7, but he already has agreed to pay restitution of $13,509 and perform 300 hours of community service.

Based on records generated by the card readers, the state learned that Laboy did not show up for work on 15 days between Feb. 16, 1999, and July 28, 1999. His card was not swiped in any of the airport card readers on those days.