Kahumoku assault case
is dropped -- for now
A District Court judge has dismissed a third-degree assault charge against former University of Hawaii volleyball star Lily Kahumoku but has given the state 10 days to refile the charge.
District Judge Barbara Richardson said she would abide by another judge's statements at an earlier hearing that yesterday would be the state's last chance to proceed to trial against Kahumoku.
Kahumoku, 22, was arrested April 9 at a Waikiki apartment on a domestic abuse charge after she and boyfriend Jose Delgado, a UH men's volleyball player, argued. Delgado allegedly suffered minor injuries. The charge was later amended to third-degree assault, a misdemeanor punishable by up to a year in jail.
Kahumoku expressed relief yesterday that the case against her has been dropped, at least for now.
"He and I remain very close, and we just want to get past this so we can go on with our lives," said the three-time All-American. "This has been devastating for both of us and been blown out of proportion drastically."
The state could not proceed with trial yesterday because Delgado, the complaining witness, is in Puerto Rico and not expected to return until Aug. 23, said deputy prosecutor Leilani Tan Ching in seeking a continuance.
Kahumoku's attorney, Scott Collins, who has been in touch with Delgado, said Delgado has been trying to convey to prosecutors that he no longer wants to pursue the case.
Delgado had indicated through an uncle, who is an attorney, that he will not return to Hawaii until the case against Kahumoku is dismissed, Collins said. If the case is dismissed and Delgado returns and is served with a penal summons, "he would leave the jurisdiction again because he didn't want to perpetuate what he believes was a misunderstanding," Collins said.
The state would be faced with a witness who would recant and claim confusion over what occurred that night because of his limited English, Collins said.
The state has always felt that what occurred was not simply a misunderstanding as the defense claims, Ching said outside the courtroom. "The state has good faith to go forward with this."
She said they intend to contact Delgado before deciding how to proceed.
Kahumoku declined to discuss specifically what occurred, but said the stress from volleyball played a big role in what happened.
"So much was riding on what we're doing. He was trying to win a national championship with the men's team, and I just got back from Russia and was continuing with my professional beach volleyball career, and we being so passionate about what it is that we do as volleyball players," she said.
Even if the case is dismissed once and for all, Collins said the damage has been done. Sponsors for Kahumoku, who plays professional beach volleyball on the West Coast, have pulled out, and she is considering quitting.
"This (case) has played a major factor in how things have gone for me, and it's made it a lot more difficult," Kahumoku said. "I may or may not pursue beach volleyball, but I most likely will continue playing indoor. I have several offers, so we'll see."
