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A 2015 Punahou School graduate pleaded no contest in state court Thursday to animal cruelty and other charges in a deal that requires him to testify against other former schoolmates who may have been involved in killing Laysan albatrosses at Kaena Point.
Christian Gutierrez, 19, a New York University student, pleaded no contest to one count of animal cruelty, theft, criminal property damage, prohibited acts involving wildlife and entering a prohibited area. All of the charges are misdemeanors or petty misdemeanors.
The Laysan albatross is a protected species under the U.S. Migratory Bird Treaty Act and state wildlife rules.
Gutierrez faces up to a year in jail for the misdemeanors, 30 days for the petty misdemeanors and fines at sentencing. His lawyer, Myles Breiner, however, asked the court to defer the no-contest pleas to give Gu- tierrez an opportunity to avoid conviction.
Circuit Judge Jeannette Castagnetti will decide in June, when Gutierrez returns from NYU on summer break, whether to grant him a deferral or sentence him. She might also require Gutierrez to pay restitution for the stolen and damaged equipment.
Breiner said Gutierrez pleaded to the charges to take responsibility for his actions.
“This is not something he’s proud of, just the opposite. He feels terrible about what he did. He was a participant in a terrible incident. Innocent animals were destroyed. Habitat was damaged. Items were stolen,” Breiner said.
Gutierrez was charged with felony theft and 15 counts of animal cruelty.
Deputy Prosecutor Jan Futa said she agreed to let Gutierrez plead no contest to misdemeanor theft and just one animal cruelty charge to get his cooperation against others.
“With many crimes you have to deal with people involved in order to get (their) testimony. And if you don’t do that then there’s a chance that everything will be lost,” she said.
According to court records, investigators identified two other participants, who were minors at the time, and that a Punahou student and teacher assisted in the investigation. Prosecution of juveniles is normally conducted in state Family Court where the proceedings are confidential.
The state Department of Land and Natural Resources owns and manages the Kaena Point Natural Area Reserve. The department says 17 albatross nests were destroyed and at least 15 adult birds were killed Dec. 27, 2015. Also, six eggs died after the incubating parent was killed, and 11 eggs were crushed.
The nonprofit group Pacific Rim Conservation, which conducts research at Kaena Point, had cameras and other electronics there that were damaged or stolen.
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