Prosecutors drop
assault case against
Kahumoku

Prosecutors have elected not to refile criminal charges against former University of Hawaii volleyball star Lily Kahumoku.

Kahumoku had been charged with third-degree assault after police responded to a report of an argument April 9 between her and boyfriend Jose Delgado, a UH men's volleyball player. Delgado allegedly suffered minor injuries.

District Judge Barbara Richardson dismissed a third-degree assault charge against Kahumoku earlier this month, but gave the state 10 days to refile charges after Delgado declined to cooperate in the prosecution.

That period lapsed on Monday, and the case was automatically dismissed with prejudice, meaning the state can no longer pursue the charge, Scott Collins, Kahumoku's attorney, said yesterday. "The case is permanently done with."

He spoke with Kahumoku on Tuesday, and she is "extremely relieved" and is preparing to return to the mainland to resume playing volleyball.

Kahumoku has been playing in a Russian league and hopes to continue pursuing that, Collins said. "She's doing well with an all-pro team."

Prosecutors said they felt the misdemeanor charge against Kahumoku was appropriate and proceeded with good faith. They issued a statement yesterday saying they decided against pursuing the case after further reviewing the facts and circumstances of the case.

Delgado had returned home to Puerto Rico and told the court through an attorney that he was not willing to cooperate in the prosecution of the case.

"Without the complaining witness's cooperation ... our office is unable to refile charges against Ms. Kahumoku," prosecutors said.

Delgado has characterized the incident as a misunderstanding and attributed Kahumoku's arrest to his inability to communicate with police because of his limited English.

Collins said he hopes nothing but the best for Kahumoku and Delgado. "They both grew up a little from this experience and are a little more mature and wiser as a result -- which is a blessing."