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WAILUKU -- A Molokai man, described as the "muscle" in a confrontation with Oahu fishermen on a boat in waters off Molokai, was sentenced Thursday to a six-month jail term.
Floyd Kumukoa Kapuni, 34, also was ordered to pay $8,250 in restitution as part of four years' probation.
He was among four Molokai residents indicted after fishing equipment was damaged and one person was pushed overboard during the boarding of Dr. Daryl Wong's boat May 25, 2014.
"The defendant robbed and terrorized five innocent people who were just trying to enjoy a day on the water and spear a few fish," said Deputy Prosecutor Johann Smith. "All he cared about was punishing these people for invading his turf and catching his fish.
"They felt justified in committing these acts of violence."
Two doctors in their 40s and 50s, two soldiers and a woman were aboard the boat from Oahu, Smith said.
He said that Kapuni threatened the boat occupants and pushed one fisherman wearing a weighted belt into the ocean. "Luckily, he was a strong enough swimmer to get back to the surface and pull himself up on the boat," Smith said.
"He wanted to start a fight with these people, but they weren't going to fight," Smith said.
Kapuni had pleaded no contest to second-degree robbery. In exchange, the prosecution dismissed other counts of second-degree robbery, first-degree unauthorized entry into a motor vehicle, first-degree terroristic threatening and harassment.
Defense attorney Philip Lowenthal said Kapuni was working and had started anger management classes. Instead of going to jail, Kapuni could be a "positive force" by talking to youth in the Molokai community, Lowenthal said.
"This is going to hurt him for the rest of his life," Lowenthal said. "He lives in a small community. He'll always be known as Floyd who did this offense."
About two dozen people were in the courtroom gallery to support Kapuni. "They want to show you he doesn't stand here alone," Lowenthal said.
Kapuni said he made a "poor decision" that day.
"It wasn't a premeditated thing," he said. "It just happened.
"I'm sorry for the people I have hurt," Kapuni said. "I learned from this."
He said he is among Molokai residents now working with the state Department of Land and Natural Resources to set fishing limits for Molokai.
"That's a better system -- rules and bag limits, taking what you need," Kapuni said. "I feel like I can be a positive influence in that, how to fish properly."
Lowenthal said no one was hurt in the incident, which he described as a political stand.
He said Kapuni "was someone used by older people."
Robin Dudoit, 57, who was sentenced to a six-month jail term last month, was described as staying on the Molokai residents' boat and giving instructions to the other defendants, telling them to take the Oahu residents' fish and spear gun.
Smith said Kapuni carried out most of the violent acts against the Oahu residents.
"Without him on the boat, being the muscle and doing what Robin Dudoit was telling him to do, there would be no crime, there would be no boarding of the boat," Smith said. "Without him on the boat doing damage, there would be hardly any crimes here."
He said Kapuni has a prior conviction for third-degree assault.
In sentencing Kapuni, 2nd Circuit Judge Joseph Cardoza followed a plea agreement recommending probation.
"There's a right way of going about things, and there's a wrong way," Cardoza said. "In this instance, this was clearly a wrong way of attempting to influence the way the natural resources around the island are handled.
"It's good that you understand and acknowledge there's another way of doing this. And from that, there can be a positive outcome that everyone can understand and follow and live with."
Cardoza ordered Kapuni to continue participating in anger management classes as part of his probation. Kapuni also was ordered not to consume alcohol or illegal drugs.
"Make this a positive force in your life and in the life of your community," the judge told Kapuni.
Two other co-defendants, Albert Dudoit Jr., 29, and Kaiula Kalawe English, 28, were described as having lesser roles in the incident. English pleaded no contest to harassment and was given a chance to keep the conviction off his record if he complies with court requirements for six months.
Albert Dudoit Jr. had a second-degree terroristic threatening charge kept off his record when he complied with court requirements for one year.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.