Magistrate OKs release
of Lihue Airport shooter
A federal magistrate gave preliminary approval yesterday to release a Kauai man who admitted to threatening an airport security officer and firing two gunshots inside Lihue Airport.
U.S. Magistrate Judge Kevin Chang agreed with the conditions for release set for Lloyd Albinio last week, though prosecutors promised an appeal.
Albinio, 24, of Kapaa, remained in federal custody pending another court appearance.
Last week, U.S. Magistrate Judge Barry Kurren ruled Albinio should be released to his mother and stepfather until his Nov. 17 sentencing.
Assistant U.S. Attorney Wes Porter argued against one condition set by Kurren: that mental health professionals could give the go-ahead for Albinio to return to work sometime in the next four months. Porter said the court should make that decision.
"It was only two months ago this guy walked into an airport with a gun," Porter said after the proceedings.
Peter Wolff, Albinio's public defender, disagreed.
"In order for a person to get better from a mental illness, they need to return to normal life activities, including work," he said.
Chang sided with the defense, sticking to the conditions set by Kurren. U.S. District Judge Susan Oki Mollway will hear any appeal filed by the prosecution.
Albinio pleaded guilty last month to firing the shots May 8 that led to the closure of the small airport and forced the evacuation of about 200 people. No one was injured in the incident.
Wolff has argued his client poses no threat to the community as long as he takes antipsychotic medication as prescribed by a doctor, a condition of his release.
Albinio will also remain under house arrest, and his family must post a $50,000 bond.
Albinio did not speak during the hearing yesterday, but glanced at his family as he was escorted into the courtroom.