A second former Department of Environmental Management employee pleaded not guilty Tuesday morning to felony and petty misdemeanor charges for allegedly stealing diesel fuel from pumps at the Waimea baseyard.
Donald Wayne Wilbur, 40, entered not guilty pleas to one count of second-degree theft, three counts of first-degree unauthorized entry into a motor vehicle and three counts of second-degree criminal trespass before 3rd Circuit Court Chief Judge Ronald Ibarra in Kealakekua. Wilbur was ordered to appear for his jury trial before Ibarra at 9 a.m. Oct. 9.
Wilbur’s bail, which has been posted, was also reduced from $8,500 to $4,000 following a bail reduction request by attorney Robert Kim, who made an appearance on behalf of Wilbur’s attorney, Brian DeLima. Kim had sought $1,000 bail, however, the state countered with $4,000.
Wilbur’s charge dates back more than 18 months after county employees, working with police, began a surveillance investigation after an employee tipped off management that two other employees were filling 55-gallon drums with fuel on weekends using gas keys taken from county vehicles.
Warrants were issued for Wilbur and another former DEM employee, Billy Joseph Colliado, 42, at the end of April, according to Deputy Prosecutor Mark Disher. The pair had been arrested and released Oct. 29, 2011. Wilbur, who was an equipment operator, and Colliado, a Solid Waste Division facility attendant, were fired from the county that December.
Wilbur and Colliado were each charged with second-degree theft. In addition, Wilbur was charged with the three counts of first-degree unauthorized entry into a motor vehicle and the three counts of criminal trespass in the second-degree.
Second-degree theft, which involves theft of more than $300 worth of materials, and first-degree unauthorized entry into a motor vehicle are Class C felonies punishable by up to five years incarceration and a maximum fine of $10,000, according to Hawaii Revised Statutes. Second-degree criminal trespass, a petty misdemeanor, is punishable by up to 30 days incarceration and a fine up to $1,000.
Colliado pleaded not guilty to the theft charge on May 8 before 3rd Circuit Court Judge Elizabeth Strance. He remains free on $2,000 bail awaiting his jury trial slated for Aug. 6.
