Alleged Kahului WAILUKU >> Prosecutors have dropped an assault charge against a windsurfer who was accused of a "wave rage" attack on a professional kite-surfer nearly two years ago.
‘wave rage’ ends
in partial exile
The defendant windsurfer
also agrees to apologizeBy Gary T. Kubota
gkubota@starbulletin.comWailuku windsurfer Dave Barnhard, 56, has agreed to write a letter of apology within five days and to have limited access at Kanaha Beach Park in Kahului for a year, in exchange for a felony charge being dismissed against him for allegedly attacking the kite-surfer.
Barnhard will be allowed at Kanaha from 3 to 6 a.m. but otherwise must keep away from the popular beach.
Barnhard also agreed to serve 25 hours of community service and to pay $611 to professional kite-surfer Marcus "Flash" Austin for medical bills.
The county prosecutor had charged that while windsurfing, Barnhard deliberately sailed into Austin on Dec. 20, 2000.
Austin, who has ranked among the top kite-surfers, required nine stitches on his shin.
The Prosecutor's Office said Barnhard wanted to pick a fight with Austin and warned him to stay out of the water.
The second-degree assault charge against Barnhard could be brought again by the prosecutor if Barnhard fails to live up to the agreement. The charge would be dismissed permanently if Barnhard complies with the agreement for a five-year period until Oct. 21, 2007.
Barnhard was scheduled to face trial in Maui Circuit Court yesterday.
If he had been convicted, he faced up to five years in prison and a $10,000 fine.
Barnhard's attorney David Sereno and Deputy Prosecutor Robert Rivera said they were satisfied with the agreement. Rivera said his office checked with Austin before agreeing to the settlement.
Rivera said while the prosecution has withdrawn the charges, it has not withdrawn its position about the facts in the case.
Kite-surfers use large parafoil kites to catch the wind and often use waves as jumping ramps, propelling them and their boards into the air.
County officials say the incident is the exception but conflicts do arise, and the 1-mile stretch at Kanaha can become crowded on good days with some 300 windsurfers and kite-surfers.
County of Maui
