KEALAKEKUA — A Kailua-Kona man accused of sexually assaulting a minor over a four-year period was acquitted by a jury Tuesday of a single felony charge.
The jury, comprised of eight men and four women, following several hours of deliberation, rendered the unanimous verdict finding 59-year-old Bruce Shimabuku not guilty of continuous sexual assault of a minor younger than age 14.
As the verdict was read, Shimabuku wiped his eyes with a tissue and his supporters in the gallery let out a sigh of relief. The alleged victim’s mother held back tears. The alleged victim, now an adult, was not present Tuesday.
Exonerated of the charge, Shimabuku’s unsupervised release was canceled thereafter. Deputy Public Defender Ann Datta, Shimabuku’s counsel, declined comment following the case’s adjudication.
The Office of the Prosecuting Attorney released a statement saying it was “disappointed with the jury’s verdict.”
Jurors deliberated following six days of trial before 3rd Circuit Court Judge Robert D.S. Kim in Kealakekua.
During closing arguments, Datta urged jurors to find her client innocent. She pointed to Shimabuku’s physical condition following an accident that left him unable to grab things firmly or walk without the use of a walker, two canes or someone’s assistance; the time frame of the alleged offenses in which her client says he was unable to care for and was never left alone for long with the child; and the possibility the victim was coached to make the allegation amid a messy, personal dispute.
“The evidence presented during the trial has shown you (the jurors) the truth. The truth is that Bruce Shimabuku is not guilty of continuous sexual assault of a minor,” said Datta. “So, I’m asking you all to do the right thing today, I’m asking all of you to return a verdict of not guilty.”
But Deputy Prosecutor Kate Deleon said the defendant had access to the victim; was capable of committing such an offense despite suffering a disability; and that the victim was not coached or presenting false memories. She also reminded jurors of the feelings and symptoms the alleged victim described during testimony and that the dispute had been settled and the victim has nothing to gain, “except to tell the truth.”
“There’s no evidence or an argument here that the defendant made a mistake or was unaware of what he was doing,” Deleon said. “The defendant acted deliberately when he instructed her to undress, crawl in bed with him, and when he molested her.”
Following the verdict, the alleged victim, whose name is being withheld because West Hawaii Today does not identify victims in sexual assault cases, provided a statement to the newspaper.
“The justice system failed me again, and it has been the worst and best day of my life. The worst because I didn’t get justice, and he gets to walk away a free man after years of ruining my life. It has been the best day of my life because it is over. After 10 years I can rest easy knowing this horrible chapter of my life is over and I can continue to grow. I don’t want to give him any more power over me. I got the message out there that regardless the outcome, I will continue to live my life. That he doesn’t have power over me,” she wrote.
Shimabuku was indicted by a Kona grand jury on May 4, 2017, on the lone charge of continuous sexual assault of a minor younger than age 14. According to prosecutors, Shimabuku intentionally or knowingly subjected the female minor, who was 7 years old at the time the alleged offenses began, to three or more acts of sexual penetration or sexual contact between April 2004 and April 2011.
The charge, a Class A felony, carried a maximum fine of $50,000 and up to 20 years imprisonment upon conviction.
