Ex-cop will not
fight theft chargeThe former narcotics agent
was accused of stealing $360
of suspected drug money
A former Honolulu police officer accused of allegedly stealing $360 belonging to a suspected drug dealer has pleaded no contest to second-degree theft.
Robert K.Y. Fu, 45, entered his plea yesterday in Circuit Court and indicated he will seek a deferral when sentenced April 19. A deferral would allow him to have a clean record after he complies with court-imposed conditions.
His attorney, David Gierlach, said Fu has served the community for 12 years with an unblemished record. He spent the past four years in the Narcotics Division.
"It's time for Bobby to move on," Gierlach said.
Circuit Judge Virginia Crandall said she is strongly inclined to grant the deferral if Fu's pre-sentence report from the Adult Probation Office is clean.
Deputy Prosecutor Scott Bell said the state will oppose the deferral and instead seek probation.
The criminal charge resulted from a police Internal Affairs Division investigation.
On Aug. 9, 2002, police responded to a report that people were taking drugs in a Waikiki hotel room with an infant present. Police entered the room and found cocaine, heroin, smoking pipes and $360 in cash in a shoe box. Two occupants of the hotel room, including John Nix, were arrested on various drug charges.
Fu was one of three narcotics officers who were sent to recover the evidence. But when asked about the cash, the three officers said they did not know anything about it.
Three days later, Fu approached his commander and disclosed what had happened to the money, Bell said.
Nix, a convicted felon, later filed a complaint with police Internal Affairs, claiming that money allegedly seized during his arrest was not turned in as evidence.
According to court documents, Fu told investigators he found the money and was going to turn it in to the officer in charge when he realized he needed to go to the restroom. He went to the restroom holding the money in his hand and accidentally flushed it down the toilet.
As part of its investigation, Internal Affairs conducted a re-enactment of Fu's version of what happened and found it "not credible," Bell said.
A police spokeswoman said Fu no longer works for the department, effective Feb. 2, but declined to discuss the circumstances, saying it is a personnel matter.
Fu is also appealing the Honolulu Police Commission's decision denying him legal fees in the criminal matter. Arguments are set for Feb. 25 in Circuit Court.
In September the commission concluded that Fu, whose duties included preserving evidence, did not follow police procedures that require evidence to be photographed before removal from an investigation scene.
Because his actions were unauthorized, it could not be considered as performing a duty of his employment, the commission found.
Nix is awaiting trial next month on seven counts, including third-degree promotion of a dangerous drug, unlawful use of drug paraphernalia and fourth-degree promotion of a harmful drug.
