Rock throwing results in jail term
WAILUKU — A homeless man who said he had been drinking when he threw a rock that shattered a vehicle window and injured a woman driving at a Kihei roundabout was sentenced to an 18-month jail term.
Daniel Fuataimi, 34, also was placed on four years’ probation March 4.
“What happened was very serious, violent and dangerous,” said Deputy Prosecutor Shelly Miyashiro.
She said a plea agreement recommending probation was reached after consulting with the victim, who expressed concern that Fuataimi receive treatment.
Fuataimi has a long history of substance abuse, said Deputy Public Defender Ben Lowenthal.
“I’m really sorry,” Fuataimi said in court. “Just give me a chance for go out. I was wrong for doing that to the lady.”
Police said the 59-year-old Michigan woman was driving on Piikea Avenue, entered the roundabout at Liloa Drive and was exiting on Liloa Drive when Fuataimi threw the rock shortly before 5 p.m. Jan. 19, 2019. The rock shattered a window and hit the woman on her left shoulder, causing pain and lacerations, police said.
Fuataimi had pleaded no contest to two counts each of first-degree criminal property damage and second-degree assault, as well as disorderly conduct.
Judge Richard Bissen said Fuataimi was lucky that the rock missed hitting the woman directly.
“Because she moved, you got her in the shoulder instead,” Bissen told Fuataimi. “There’s quite a bit of injury that she suffered because of that, but it’s more the psychological part that she’s played back over and over again.
“You’re also lucky that she was the driver because she seems like a very forgiving person.”
That day, Fuataimi had been randomly throwing rocks at cars, Bissen noted.
He reportedly was drunk and “upset at somebody else for something else and you took it out on an innocent person,” Bissen said.
While following the plea agreement, the judge told Fuataimi: “You could not be on a more thin line than you are right now. I think you’ve used up all your good luck and your credits.”
“You got dealt a bad hand when you were younger, some things kids shouldn’t have to face,” Bissen said. “But you’re a grown adult now.”
As part of his probation, Fuataimi was ordered not to consume alcohol or illegal drugs.
“I think this will be the most difficult condition you will have to comply with,” Bissen told Fuataimi. “I don’t think you can remain sober.
“The minute you pick up drugs or alcohol, you might as well decide you’re going to go back to prison for 10 years.
“You’re the guy that picks up and just keeps drinking. You change, you become somebody else that everybody fears. And you know that and maybe even like that.”
Fuataimi was ordered to pay $222 in restitution and to have no contact with the woman and a man who was also in the vehicle.
Fuataimi was ordered to stay away from the roundabout, where he reportedly had been hanging out.
According to court records, Fuataimi has a prior conviction for second-degree robbery in a 2006 case. Police said he repeatedly demanded money from and punched a man who was waiting with his family to cross South Kihei Road near Alanui Ke Alii.
Court records show Fuataimi also has convictions for four counts of contempt of court, two counts of fourth-degree criminal property damage, two counts of harassment, three counts of disorderly conduct and simple trespassing.
In a sentencing March 5, a 30-year-old Kihei man was taken into custody to serve a 15-day jail term for reaching into a vehicle and punching a man in the Kihei Kalama Village parking lot.
Jeff Malafu had pleaded no contest to first-degree unauthorized entry into a motor vehicle and third-degree assault.
Deputy Prosecutor Ronson Ibarra said police reported a vehicle was trying to leave the parking lot Oct. 22, 2017, while there was heavy foot traffic, when Malafu opened the rear driver’s side door and punched one victim several times. Then a woman opened the front passenger door and scratched another victim, police said.
The driver got out to try to move people out of the way when he was punched in the head by two or three males, police reported. Security helped get people out of the way and the vehicle was leaving when another offender smashed the rear window, causing $200 in damage.
In the commotion, a woman dropped her iPhone. A security guard located the phone but released it to an offender who claimed it, Ibarra said.
Noting that Malafu has no prior criminal history, 2nd Circuit Judge Peter Cahill granted the defendant’s request for a chance to keep the convictions off his record if he follows court requirements for the next four years.
Malafu was ordered not to consume alcohol or illegal drugs and to complete anger management treatment. He was ordered to pay $700 in restitution.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.


