Foukimoana Finau – Going to prison

WAILUKU — For a series of “cruel and senseless attacks,” a Kihei man was sentenced Friday to five years in prison.

Foukimoana Finau, 23, committed the crimes from mid-2016 to early 2018, false-cracking two men at the beach and outside a bar and punching a woman during a theft at her residence, said Deputy Prosecutor Shelly Miyashiro.

“The defendant has proven he is a danger to society, and the community needs to be protected from him,” Miyashiro said, in arguing for prison for Finau.

In three criminal cases, Finau had pleaded no contest to reduced charges of third-degree assault, second-degree assault, second-degree burglary and second-degree theft.

In one case, he was arrested after punching a man at Makena State Park on “senior sneak day” May 18, 2016, when many young adults and minors were hanging out and drinking at the beach, Miyashiro said. She said the victim, who knew Finau from high school, intervened to help one of his friends when he was struck in the jaw by Finau.

The victim reported being knocked out and suffering a fractured jaw.

On July 30, 2017, Finau and another male walked into a Kihei residence without permission and took a bong, Miyashiro said.

She said a woman at the home, who knew Finau through her boyfriend, tried to get the bong back and was pushed to the ground and punched in the face by the male with Finau, who also punched the woman in the face before fleeing, Miyashiro said.

In a third case, Finau approached Makoanui Anzai outside Lava Rock Bar & Grill at Kihei Kalama Village in the early-morning hours of Jan. 27, 2018, and made a comment about Anzai disrespecting a friend’s girlfriend, Miyashiro said.

Miyashiro said Finau false-cracked Anzai in the back of his head before co-defendant Siaosi Ngalu Jr. false-cracked and kicked Anzai after he fell to the ground. Anzai also knew Finau from high school, Miyashiro said.

Anzai, who suffered a severely displaced open jaw fracture, was holding his jaw in his hand after the assault.

“The effects of the attack are still present,” Miyashiro said. “He still has headaches and nerve problems and difficulty chewing his food.”

Miyashiro argued for consecutive prison terms totaling 10 years for Finau for the unprovoked “cruel and senseless attacks.”

Finau asked to be placed on probation.

After about 11 months in jail, “he now understands what punishment is like,” said defense attorney Chris Dunn.

He said the jail time was “the first significant sanction” for Finau, who had previously been released on bail posted by his family.

After having no consequences for his behavior, “that led to a pattern of continued substance abuse, continued violence,” Dunn said.

Finau, whose record includes convictions for misdemeanor and petty misdemeanor crimes, had “taken advantage of the support his family gave him and squandered that,” Dunn said.

If placed on probation, Finau would have a place to live and a job in the family business, Dunn said.

“This is somebody who can be successful,” Dunn said. “He’s gifted. He can work hard.”

Finau apologized “to those that I hurt,” including their families.

“I’d just like to thank the Lord for opening my eyes around this time of being incarcerated,” he said. “This is not the life I want to live, not the example I want to set for my kids. Really, it’s not who I am.”

In sentencing Finau, 2nd Circuit Judge Richard Bissen noted contradictions in Finau’s behavior in court and when no one was watching.

“He has his violent side to him and then he has his family side,” Bissen said.

He noted that Finau earned an Eagle Scout badge, “a very difficult and challenging accomplishment.”

“Yet you’ve showed no signs of someone who performs as an Eagle Scout,” Bissen told Finau.

Although he is a father of five, “you don’t behave like someone who’s fathered five children,” Bissen said. “You behave like a single person at the bars or out drinking who doesn’t care about their kids.”

The judge noted that Finau’s grade-point average was below 1.0. “He didn’t take advantage of school,” Bissen said. “He just went to play sports.”

“I think his family did everything they could do for him,” Bissen said. “Mr. Finau has made his own choices. I don’t see him as protecting anybody in these cases.

“Every single one of these were not fair fights. So the pattern is unmistakable.”

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