By JOHN BURNETT
By JOHN BURNETT
Tribune-Herald staff writer
A Kona grand jury returned indictments on July 16 against two men accused in separate cases of electronic enticement of a minor for sexual purposes.
In a five-count indictment, 48-year-old Joseph N. Cabuag was charged with attempted first-degree electronic enticement of a child, accomplice to first-degree sex assault, conspiracy to commit first-degree sex assault, first-degree endangering the welfare of a minor and providing liquor to a minor.
If convicted and sentenced to consecutive sentences, Cabuag, who according to court records is a convicted felon currently on five years probation for felony theft, could be imprisoned for up to 55 years.
According to the indictment, between March and June 2011, Cabuag solicited and conspired with a minor, identified by a police spokeswoman as a 14-year-old boy, to have sex with a girl younger than 14. The indictment stated that the girl was in Cabuag’s “care and custody.” The liquor was provided to the boy, according to the police spokeswoman, and unidentified, unprescribed controlled substances to the girl, the indictment stated.
The indictment stated that the boy knowing and willingly had sex with the girl and that Cabuag, “having a legal duty to prevent the commission of” sex assault, either failed to do so or “solicited” the boy to commit the offense. It also stated that Cabuag used “a computer or other device” to schedule a meeting with an unnamed minor to commit the offense, then showed up at the agreed-upon meeting place at the scheduled time.
A bench warrant for Cabuag’s arrest set his bail at $35,000. Conditions of his bail include no contact with the alleged victim, to stay away from schools, parks and other places where minors congregate, to not use Facebook or other social network accounts and no drugs or alcohol.
In the second case, 34-year-old Robert Edward Albert Love of Waimea was charged with attempted first-degree electronic enticement of a child, second-degree custodial interference and use of a computer to commit a separate crime.
The victim, according to the police spokeswoman, was a 15-year-old Kapaau girl.
The indictment states that Love knew the girl was under 18, but communicated with her electronically with the intent to have sex with her, and showed up at the agreed upon place, in North Kohala, at the appointed time.
The document also alleges that Love “knowingly took, enticed, concealed or detained” the girl and that he used a computer to commit the crime.
A bench warrant for Love’s arrest set his bail at $5,000. It orders him to have no contact with the minor and to not use Facebook or other social networks.
A check of court records turned up no felony convictions in Hawaii for love.
If convicted on all charges and sentenced to consecutive terms, Love could face up to 25 years in prison.
Email John Burnett at jburnett@hawaiitribune-herald.com.