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‘Vicious attack’ on tourist results in 1-year jail term

Prosecutor: Victim believed the area was safe when she took a 9:30 p.m. walk on the beach

JOHNATHAN BISUTTI, Sentenced to jail for attack

WAILUKU — For a “vicious attack” on a woman who lost consciousness and had her wallet stolen at a Wailea beach, a man was sentenced Wednesday to a one-year jail term.

Johnathan Bisutti, 25, of Haiku was also placed on four years’ probation as part of his sentence.

He had pleaded no contest to second-degree assault, with a charge of second-degree robbery dismissed in exchange for his plea.

The attack occurred at about 9:30 p.m. Jan. 7 when the visitor had gone to the beach near Andaz Maui at Wailea Resort.

“She believed our community was safe,” said Deputy Prosecutor David Mincavage. “That night, she was viciously attacked from behind by the defendant. He wrapped his arm around her neck until she lost consciousness.”

Mincavage said the woman heard her attacker say, “Just leave her here.”

That was important because it showed that Bisutti “knew it was a vicious attack,” Mincavage said. “The defendant knew he viciously injured this woman. He’s unsure of her condition.”

Referring to Bisutti’s training as a martial artist since age 8, Mincavage said, “He used his training that night for evil.”

The victim suffers from recurring headaches and post-traumatic stress disorder, Mincavage said.

“She still suffers from unknown fears,” Mincavage said. “She’s concerned throughout her daily life of what could happen.”

While the prosecution sought either a five-year prison term or one-year jail term with probation for Bisutti, he asked for probation with no jail.

Bisutti has no prior criminal history, even as a juvenile, said Deputy Public Defender Jeffrey Wolfenbarger.

“Although it was scary and traumatic” for the victim, Wolfenbarger said she declined medical treatment at the scene.

Mincavage said the woman has seen doctors in New York.

Bisutti said he had been drinking alcohol that night with co-defendant Cody Presti.

While Presti reported that “all he did was drive,” Bisutti acknowledged in court that Presti also was at the beach.

Wolfenbarger said Bisutti “got around the wrong individual and just had an extreme lapse of judgment.”

Bisutti has support from family members who “were shocked that he would do something like this,” Wolfenbarger said.

“It struck them as odd,” he said.

Bisutti said he wasn’t trying to harm the woman. “All I did was grab her and hold her,” he said.

He said he didn’t apply pressure on her carotid artery, and she didn’t pass out.

“She said she lost consciousness,” 2nd Circuit Judge Richard Bissen said. “Why would she make that up?”

“I think maybe to get me in more trouble,” Bisutti replied. “She also said we took more money than we did.”

Bisutti said they took $600, which the judge said was the amount the woman reported had been stolen.

Bissen said the victim reported that a woman walked past her, drawing her attention, just before two men attacked her from behind. Police reported a woman was with Bisutti and Presti.

They had met the woman in a bar, Bisutti said.

He said he and Presti had been drinking at Big Beach in Makena before going to the beach at the Andaz “just to go to another beach.”

“I was pretty intoxicated at that point,” Bisutti said.

“Whose idea was it to look for someone to steal from?” Bissen asked.

“It happened heat of the moment,” Bisutti said. “It wasn’t anyone’s idea.”

He acknowledged knowing how to perform a sleeper hold so someone would pass out and not be hurt.

Presti took the woman’s wallet, Bisutti said.

“I guess it was my idea to grab her while he grabbed the purse,” Bisutti said.

He said it was his idea to toss the wallet in the parking lot.

After at first saying he took the entire $600, Bisutti said he took $260 and Presti kept the other $340.

Judge Bissen said he believed what the woman told police.

“She has no reason to exaggerate an already tragic and traumatic event,” he said.

The woman reported what happened immediately, calling her husband with her phone that had been left in her bag on the beach, Bissen said.

He said police reported that by the time the woman met her husband in the lobby, her wallet already had been recovered by a good Samaritan couple who found it and drove it back to the hotel.

While saying Bisutti deserved to be sentenced to probation because of his age, the judge told Bisutti, “You really picked the wrong offense to be your first crime and I guess your only crime.”

“I felt terrible about it,” Bisutti said. “It’s ruined my reputation.”

“What about what it did to (the victim)?” Bissen asked.

“I feel horrible about her too,” Bisutti said. “That’s why I feel terrible about it. I ruined her vacation.”

“You ruined her life,” Bissen said.

“I ruined her life,” Bisutti said. “She never feels safe. That hurts me. I have a little sister and a mother. I do understand.”

“You would never let something like this happen to them, and you would despise the person who did this to them,” Bissen said. “Two men attacking a defenseless woman at night alone — how does it get worse than that?

“The good news is there was no permanent physical damage. But there was permanent psychological damage, and it was at your hands.

“I do believe you’ve learned a lesson from this, and I do believe you will not repeat this again,” Bissen told Bisutti. “But the court has to reflect the seriousness in its sentence.”

Bisutti also was ordered to complete anger management classes.

Judge Bissen noted that Presti was sitting in the courtroom gallery during the sentencing instead of reporting to probation, as he had been ordered to do.

Presti, 29, of Haiku had pleaded no contest to a charge of second-degree theft, which was reduced from second-degree robbery. His sentencing also had been set for Wednesday but was delayed until Thursday after he asked for a hearing on allegations that he had violated conditions of his supervised release.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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