Ex-officer to pay
back false wages

A retired airport police officer
gets probation and a plea deferral

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By Debra Barayuga
dbarayuga@starbulletin.com

A former police sergeant at Honolulu Airport who pleaded no contest to receiving pay for work he did not perform was sentenced to five years' probation and ordered to pay $9,692 restitution to the Honolulu Police Department.

Circuit Judge Richard Perkins also granted James Duarte, 51, a deferral of his no-contest plea to second-degree theft, meaning he will have a chance to erase the conviction from his record if he abides by the court's conditions.

Duarte, who retired last year after 25 years of service, apologized yesterday to the department and said he is willing to make full restitution. He was expected to turn over a check in the full amount immediately.

Duarte will also perform 250 hours of community service.

Duarte had pleaded no contest in September to taking wages for eight eight-hour shifts he did not work and for 308 hours he did not perform when he went into work late between Feb. 16, 1999, and July 28, 1999.

The 308 hours represented 93 occasions when he reported to work late during the six-month period, said Deputy Attorney General Chris Young, who opposed the deferral.

Samuel King Jr., attorney for Duarte, described the former sergeant as someone who had distinguished himself in his 25 years on the force, mostly as a supervisor, and who was well respected by his peers. King called the incident a "misunderstanding" in that Duarte felt he could do some work at home.

"Somewhere along the line, the line was crossed, and he accepts responsibility," King said.