A retired 64-year-old Honolulu police officer, who had taken a plea deal two weeks before trial in December, was sentenced Thursday to probation for sexually assaulting a 13-year-old girl living in his Kapolei home.
Judge Kevin Souza sentenced Frederick Patrick Apo in accordance with the plea agreement between the state and the defendant to five years of probation with no further jail time, not the 20 years’ imprisonment he would have faced had he been convicted of the most serious charge.
Souza did not order restitution.
Apo was originally indicted Oct. 17 on one count of continual sexual assault of a minor under the age of 14, a Class A felony, and two counts of third-degree sexual assault, Class C felonies.
He pleaded guilty Dec. 12 to the two counts of third- degree sexual assault, which occurred between Aug. 3, 2021, and Sept. 1, 2022, the agreement said.
The Class A felony count was dropped in part because the state told the judge the victim and her mother did not want Apo to go to jail and that it would be in the best interest of the girl and her family, according to court minutes.
The defense also did not want to expose the victim in this case to a trial.
Apo retired Dec. 30, 2019, after serving 25 years with the Honolulu Police Department.
The girl’s mother filed for a temporary restraining order, which the court granted Sept. 14. She accused Apo of being manipulative, coercive and threatening.
She said Apo asked the girl to massage him Sept. 6, then asked her to massage him by his crotch.
The mother also asked for protection for all six of her children.
The TRO case remains open in Family Court, and Apo is required to follow the court’s orders, including from contacting any of the children or even slowing down while driving past their home.
A compliance hearing is scheduled for May 10.
Apo was arrested Sept. 16 at his Kaupea Street home.
He had been free on a $250,000 bail bond since Sept. 17.
Trial had been set for Dec. 26, but he pleaded guilty Dec. 12.
Souza ordered Apo not to leave Oahu unless permitted by his probation officer or the court, and other conditions of probation including not owning or possessing any firearms, which the girl’s mother said he had.
He also had special conditions of probation, which include not contacting the victim or any other party significantly related to the girl without prior authorization from the probation officer.
Apo must participate in the Hawaii Sex Offender Treatment Program.
He must have no contact with or reside in the same residence with minor children without the permission of his probation officer.
Correction: A previous version of this story did not specifically state that the plea agreement was between the state and the defendant.
