Airport officer gets a
chance to wipe slate clean

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By Debra Barayuga
dbarayuga@starbulletin.com

A commander at the Honolulu Police Airport Division who pleaded no contest to collecting pay for work he did not do will have a chance to wipe the conviction off his record.

Lt. Felito Laboy Jr., who retired in 1999 after 30 years in the department, was sentenced yesterday to five years' probation and granted a deferral of his no-contest plea by Circuit Judge Richard Perkins.

He pleaded no contest to theft charges for collecting pay for times he went to work late or failed to show up for work during a six-month period in 1999.

"The magnitude of this offense is not sufficient to cancel out the considerable good this man has done in his lifetime," Perkins said after reviewing numerous letters he received in support of Laboy from former colleagues and his current employer.

Laboy was one of two high-ranking officers at the Airport Division who were charged with second-degree theft in September following an investigation by the state Attorney General's Office into time card and excessive overtime abuse that appeared to have been going on for five years.

Laboy was charged with second-degree theft for receiving 15 days of pay he was not entitled to and for showing up late on 89 occasions between February and July of 1999, based on records collected by the airport ID card readers.

Laboy apologized to his family and the department for his conduct. "As commander at the airport, I failed to follow policies and procedures of accountability, which contributed to this problem," he said yesterday.

"I violated the public's trust and I'm deeply sorry."

Deputy Attorney General Christopher Young opposed the deferral, saying Laboy's actions appeared to have stemmed from greed, not need.

Because he was the commanding officer in charge at the airport, Laboy was responsible for ensuring that work was done and the amount the HPD charged the state was legitimate. Yet, "he was the one dipping into the state coffers," Young said.

Over a six-month period, Laboy drew in $20,000 in overtime pay, in addition to his base pay. From July 1998 to June 1999, the state paid out more than $232,000 in overtime pay to the Airport Detail. It was those excessive amounts that drew the attention of investigators.

Because swipe card records are only kept for six months, Laboy was only charged for conduct that occurred within those six months, Young said.

Laboy's attorney, Michael Green, said the Airport Division at the time was severely understaffed, contributing to overtime costs that went out of control. "He takes responsibility for that."

But for this offense, Laboy has led an exemplary and law-abiding life as an individual and as a police officer, Green said.

Under a plea agreement, Laboy agreed to pay $13,509 in restitution to HPD, which he turned over yesterday. He also will be required to perform 300 hours of community service.

The state Department of Transportation in late 1999 canceled its contract with HPD, which had provided patrol and enforcement at the airport for 20 years. Their duties were taken over by state deputy sheriffs.

Sgt. James Duarte, 51, was sentenced earlier this month to five years' probation and ordered to pay restitution of $9,692 to HPD for work he did not perform. He also was granted a deferral of his no-contest plea.