DENNIS ODA / DODA@STARBULLETIN.COM
Puiai "Peter" Seilusi Fonoti Matautia holds a picture of his look-alike brother, Richard Wilbur Smith Matautia. Richard Matautia is wanted by the police, but has used Peter's identity to elude them.
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Oh, brother!
A former sailor works to
clear his name after a case
of mistaken sibling identity
Usually identity theft means lost cash and ruined credit. But for Puiai "Peter" Seilusi Fonoti Matautia, it has meant seven years of being considered a wanted criminal, and having to convince police and the community that he is not the person being sought.
And, to make matters worse, he said it's all because of his brother.
"My bank said they might have to freeze my account the other day," said Matautia, 30. "I bet I could go out and someone would try to arrest me right now.
"Enough's enough. I want everyone to know what my brother has done to me."
Honolulu police have confirmed that a bench warrant issued for Matautia's arrest was instead meant for his younger brother, Richard Wilbur Smith Matautia, who is wanted on a probation revocation warrant.
Peter Matautia, who works with special-needs children in Waianae and coaches a girls softball team, went public with his story after friends told him about a Sunday Star-Bulletin article on a new CrimeStoppers Web site featuring pictures of fugitives.
One of those mugshots was of Peter Matautia, who, according to information provided by police, was a problem fugitive who had used his brother Richard's identity to avoid arrest.
That's when Peter decided to fix the problem once and for all. He went to police and provided fingerprints to prove he's not the Matautia they are seeking in the probation revocation case.
Instead, it was 27-year-old Richard who was using his brother Peter's identity, not the other way around, police confirmed yesterday.
"After a careful review of the records and fingerprints taken at the time of the incident and recent ones provided by Peter, we've been able to determine that the probation revocation warrant is for Richard," CrimeStoppers Detective Letha DeCaires said yesterday afternoon.
But Peter still has to convince his employer. Last night, the Department of Education told him not to come back to work until he clears up the matter with police and the courts.
With Peter now cleared of the probation revocation warrant, another outstanding warrant against him involving a second-degree assault is under review by prosecutors. Although police would not comment on the second warrant, Peter said it involved an assault at a Makaloa Street karaoke bar in 2000, during which Richard identified himself as Peter to officers.
"This isn't the first time someone has used a relative's name during an arrest, and it won't be the last time," DeCaires said.
But Honolulu police have no information on how often this type of identity theft happens. Officials for the Hawaii Criminal Justice Data Center said such cases do happen here and usually involve twins or siblings who resemble one another. Although the Matautia brothers are three years apart, their features are very similar.
State judiciary officials said identity matters usually are cleared up in court before the case goes to trial.
"A bench warrant issued for the wrong person would be quashed by the court as soon as the matter is brought to the court's attention and the court determines that the bench warrant was issued for someone who is not the perpetrator," said Judiciary spokeswoman Marsha Kitagawa. "And, if that person has already been arrested, the court would issue an order for his or her immediate release."
Peter said the first time he learned that his brother was using his name was when Peter returned from serving in the Navy in 1996 and was applying for a new driver's license.
"The guy behind the counter at the DMV (Department of Motor Vehicles) told me, 'Eh brah, you better get outta here, there's a warrant for your arrest,'" he said. "I said 'arrest for what? I just got back!'"
The warrant was for a 1994 drug bust in Chinatown involving his brother while Peter was in the military. Peter said he found out later that his brother stole his military identification card while he was home from boot camp and then presented it to officers making the arrest.
"I went down to Chinatown to find my brother and these detectives told me, 'Hey, I told you not to come back here,'" Matautia recalled. "I went into hiding after that for a year."
That was a mistake, DeCaires said. Like with other forms of identity theft, she said, Matautia should have dealt with it as soon as possible.
"It is important that if this happens to you as an individual that you take the appropriate steps to clear your name and document all of your efforts," she said.
Hawaii Criminal Justice Data Center officials said a person who claims to have been mistakenly identified as a criminal can come down to the office for a fingerprint check. If the fingerprints do not match those on file, then state officials said they would change the records.
Peter does have a 2000 conviction for third-degree assault for which he completed a one-year sentence of anger management classes. Now he is hoping his brother will come forth and take responsibility for his actions.
"This is the end of the road," said Peter. "Stop the running. It's time for you to do the right thing."
Honolulu Police Department Crimestoppers