Lack of supervision over two dangerous teenagers at Hale Kipa’s group home in Manoa led to the death of a taxi driver beaten in Waipahu two years ago, the victim’s family alleges in a scathing lawsuit against the organization.
The lawsuit said Hale Kipa’s staff knew the two teenagers who were later convicted in the death had been drinking regularly.
But the staff did not check to make sure one teenager who was on furlough was visiting his father the weekend the cab driver was killed.
The other youth simply walked away from the home and Hale Kipa falsely reported that he was asleep in his bed at the time the victim was beaten, the suit said.
The suit said Hale Kipa’s "negligence and gross negligence" was a "substantial factor" in the death of taxi driver Charlys Tang, who was found in a pool of blood at a parking lot of a Waipahu supermarket shortly before 2 a.m. on May 1, 2010, Tang’s 41st birthday.
The Circuit Court lawsuit is against Hale Kipa and the two teenagers. The suit asks for an unspecified amount of money for Tang’s family.
The suit names Kilani Derego, who was 17 at the time and under foster care at the home; and Michael Robles, who was 18 and on parole from Hawaii Youth Correctional Facility.
Robles’ juvenile criminal record included sex assault and theft, according to the suit. Derego also had a juvenile record, the suit said.
Derego was convicted in February of murdering Tang and is awaiting sentencing. Robles was found guilty of manslaughter and sentenced last year to 20 years in prison.
Their lawyers, Jeffrey Hawk and William Jameson, respectively, would not comment.
Punky Pletan-Cross, chief executive director for the nonprofit Hale Kipa, which seeks to help at-risk youths and operates about seven group homes on Oahu, said he would not comment on the lawsuit.
"We respect the legal process, which will take its course," he said.
Pletan-Cross said Hale Kipa’s Manoa group home on Damon Street was closed in September 2010 because of lack of referrals and other issues, and not because of the controversy over the criminal charges against the teenagers.
The Damon Street residence was designed for up to eight youths with emotional and behavioral problems who cannot be safely housed in a less-restricted setting, the suit said.
The lawsuit said Hale Kipa knew or should have known through their criminal backgrounds that Robles and Derego were dangerous and likely to harm others if not properly supervised or monitored.
The two teenagers shared an interest in mixed martial arts fighting and formed a martial arts fighting club, the suit said.
The two youths also drank alcohol regularly, which was known among the staff, in violation of Hale Kipa’s rules and state law, the suit said.
The suit said the staff was told by supervisors not to document inappropriate behavior, even when it involved violence or threats, which would make youths inappropriate candidates for Hale Kipa facilities.
Derego was granted a furlough for the weekend Tang was killed to stay at his father’s home, but the staff did not take any steps to make sure Derego was at his father’s house, the suit said.
Derego spent the afternoon of April 30 at Ala Moana Park drinking alcohol with Robles, the suit said.
When Robles went to the Damon Street residence later that day, he was drunk, the suit said.
He was questioned about a robbery earlier that day at another Hale Kipa site, but said he had spent the day drinking at Ala Moana Park, according to the lawsuit.
At about 11 p.m., Robles got a call at the home from Derego, who was drinking with friends in Waikiki, the suit said.
Robles walked out the front door, in violation of Hale Kipa rules and his parole, the suit said.
Even though Robles was the only resident that night because the others were on furlough, the staff "falsely reported every twenty minutes that Robles was asleep in his bed when in fact Robles was absent from the facility," the suit said.
Robles and Derego met in Waikiki, drank more alcohol and smoked marijuana, the suit said.
After midnight, they decided to go to Waipahu, caught a cab driven by Tang, planned to rob the driver or not pay for the fare and then used their "mixed martial arts fighting techniques" to beat Tang, the suit said.
Robles was arrested May 7 and Derego the following day.
The lawsuit was filed April 25, which was within a week of the deadline under the two-year statute of limitations.
Honolulu attorney Mark Davis, who along with attorney Matthew Winter represents the Tang family, said they were in discussions to resolve the case, but could not reach an agreement without filing the lawsuit.
"We are in touch with the lawyers for Hale Kipa and we are hopeful to have an opportunity to resolve this case as quickly as possible," Davis said.
He said many people loved Tang, who had a wife and two kids.
"He was kind of a leader in the local Cambodian community. His death touched many, many people," Davis said. "It was clearly a tragedy."
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CORRECTION: Charlys Ty Tang, the taxi driver beaten to death in Waipahu last May, did not work for Charley’s Taxi as was reported in a previous version of this article.