Man to serve year in jail in assault case
WAILUKU – A Waiehu man was taken into custody Tuesday to serve a one-year jail term in connection with an assault on another man who awoke to find himself injured and abandoned in a roadside parking lot last year.
Andrew Louis Barcai, 22, also was placed on five years’ probation.
Originally charged with second-degree robbery, Barcai had pleaded no contest to a reduced charge of second-degree theft, as well as third-degree assault in the February 2012 incident.
That night, the victim woke up bleeding and surrounded by broken glass in a parking lot at North Kihei Road and Honoapiilani Highway, said Deputy Prosecutor Kim Whitworth. She said that the victim’s necklace and bracelet were missing.
Barcai and the victim were friends and had done “a tremendous amount of drinking,” Whitworth said, before stopping. “He thought they were getting out on the side of the road to urinate on the way to Kihei to continue to party,” she said.
She said the victim couldn’t remember arguing with Barcai before being assaulted.
Whitworth said Barcai “dragged an unconscious man into the bushes, not knowing the extent of the injury, not knowing whether he needed aid.”
When the victim regained consciousness, he used his cellphone to call family members to get help, Whitworth said.
Defense attorney Andrew Martin said Barcai had “genuine remorse,” beginning when he woke up that morning. He turned over the necklace and bracelet to be returned to the victim, Martin said.
He said alcohol was a problem for Barcai, who now was working full time and had signed up for anger management classes.
“Everything that wasn’t going well for him in February of last year is now going well for him,” Martin said.
While there initially was a question about whether the victim had been assaulted with a bottle, Martin said that wasn’t the case.
“I promise I didn’t hit him with a bottle,” Barcai said in court. “I made sure he was OK before I left. I was scared. I didn’t mean to hit him really hard.”
While Barcai asked for no jail and a chance to keep the convictions off his record, the prosecution opposed the request.
Whitworth said that the victim suffered a concussion and endured months of back and neck pain.
Second Circuit Judge Joseph Cardoza denied Barcai’s request for a chance to keep the convictions off his record. The judge followed a plea agreement between the defense and prosecution in sentencing Barcai.
He was ordered to pay $4,287 in restitution and write a letter apologizing to the victim, which Barcai had already done. He also was ordered not to consume alcohol or illegal drugs and to complete anger management classes.
* Lila Fujimoto can be reached at email@example.com.