Christian Gutierrez is serving a 45-day state jail term for killing Laysan albatrosses in the Kaena Point Natural Area Reserve during his 2015 winter school break from New York University.
Circuit Judge Jeannette Castagnetti handed down the jail term Thursday and ordered Gutierrez to begin serving it immediately. It is part of a one-year probation sentence for animal cruelty and theft. The theft charge is for the camera and other electronic equipment that Gutierrez stole in an attempt to cover up his crime.
In addition to the probation and jail term, Castagnetti ordered Gutierrez, 19, to perform 200 hours of community service and to pay one-third of the $3,403 cost of the stolen or damaged equipment.
Castagnetti also sentenced Gutierrez to concurrent 30-day jail terms for killing or destroying indigenous wildlife and for petty misdemeanor criminal property damage. She fined him $1,000 for killing animal life in a natural area reserve. He was taken into custody immediately after the sentencing.
Gutierrez told the court that he wishes he had had the courage not to go along with his friends and understands why people are angry and disgusted. “I am ashamed of myself,” he said.
In March, Gutierrez pleaded no contest to the misdemeanor and petty misdemeanor charges in a deal with the prosecutor in exchange for his testimony against former Punahou schoolmates implicated in the Dec. 27, 2015, killing of birds and damaging of nests and eggs. The original theft and animal cruelty charges were felonies. Defense lawyer Myles Breiner said the prosecutor has not asked Gutierrez to testify against anyone.
State Department of Land and Natural Resources officials said at least 15 adult birds were killed and 17 nests were destroyed. The department also said six eggs died after the incubating parent was killed, and 11 eggs were crushed. The Laysan albatross is a protected species under the U.S. Migratory Bird Treaty Act and state wildlife rules.
Gutierrez pleaded no contest to one animal cruelty charge. Castagnetti, however, determined that he killed two albatrosses and destroyed eggs of the ground-nesting birds.
Breiner said Gutierrez is disappointed that Castagnetti didn’t grant him a deferral of his no-contest pleas, which would have given him the opportunity to avoid conviction and to eventually have the charges dismissed.
“We thought that he deserved a deferral. We’re disappointed that the court gave him any jail at all. Hopefully when he gets out he’ll be able to resume his studies in New York,” Breiner said.
Castagnetti told Gutierrez he didn’t deserve a deferral. “The nature and circumstances of the crimes you plead to shock the conscience. The killing of the defenseless and protected birds was inexcusable,” she said.
Castagnetti told Gutierrez she would have handed him a much harsher sentence, but she had considered his lack of prior and subsequent criminal conduct, his improvement in school and his eventual cooperation and pleas.
DLNR owns and manages the Kaena Point Natural Area Reserve. Department Director Suzanne Case said she thinks Gutierrez’s sentence sends a strong message to the community. “We do think that a sentence of 45 days in jail and 200 hours of community service reflects the seriousness of this crime,” she said.
Chuck Parker, a spokesman for the Honolulu prosecutor’s office, said the department would have preferred more jail time but is happy that Gutierrez didn’t get a deferral.
The case has struck an emotional chord in many corners of the public. As many people waited in the hallway to hear the sentence as there were filling Castagnetti’s courtroom.
One person who was forced to wait outside was Animal Rights Hawaii President Catherine Goeggel. She was not pleased with Gutierrez’s sentence.
“Essentially a slap on the wrist. As far as I’m concerned, he’s going to be wearing that albatross around his neck for the rest of his life,” she said.
Breiner said he has received hate emails and anonymous telephone messages for his vigorous representation of Gutierrez.
Gutierrez, a 2015 Punahou School graduate, was one of six young men who had camped at the Kaena Point State Park next to the nature reserve. He was one of three who was at least 18 years old. The others were juveniles.
The state grants three-day permits for people to have vehicles beyond a locked gate but does not allow pitching of tents.
Castagnetti noted that Gutierrez was not the person who applied for the permit, drove a vehicle into the park or brought the baseball bat and other weapons that were used by him and his friends. Two of the friends implicated in the killing of birds were juveniles at the time and attending Punahou School. Their cases are being handled in state Family Court, where proceedings are confidential.
Punahou School officials said they condemn the “senseless destruction” of the nesting area. “The deplorable action contradicts the values our school promotes with students, among them respect for our community and the environment,” a statement from the school said.
The nonprofit group Pacific Rim Conservation conducts research at Kaena Point. It was the group’s equipment that was stolen and damaged. “While we are relieved to be closing this painful chapter and feel that justice has been served for our wildlife, we also recognize that any time a young person is sent to jail is a sad day,” Executive Director Lindsay Young said.
The Associated Press contributed to this report.
