The theft charge against former state Rep. Roland Sagum III, accused of taking rocks from an archaeological site on Kauai, stems from some misunderstandings, according to his attorney.

Sagum plans to plead not guilty in Kauai Circuit Court today, Sagum’s attorney Craig De Costa said Wednesday. He said ethics rules prevent him from explaining the misunderstandings that led to the charge. The second-degree theft charge, a class C felony, carries a maximum of five years in prison and a fine of up to $10,000.

Kauai County’s prosecutor’s office recently charged two men, including Sagum, with theft involving rocks allegedly taken from a heiau on a 15-acre archaeological site.

De Costa said they will likely file a motion to dismiss once information relating to the theft investigation is turned over.

A $2,000 warrant has been issued for Lealiki Koli for second-degree theft and second-degree criminal property damage. Koli is described as the contractor who allegedly used a bulldozer or a front-end loader to take the rocks to build a wall at Sagum’s property.

Ted Blake, executive director of Hui Malama o Koloa, said he is upset and hurt at the lack of respect for the heiau, a sacred place of worship for Native Hawaiians.

"And when it’s someone of Hawaiian blood, it hurts even more," Blake said of Sagum, who previously served as the county’s planning director.

The archaeological site is on land owned by Kukui‘ula Development Corp. and maintained by the Royal Order of Kamehameha I. Members of the order could not be reached for comment.

Officials of the State Historic Preservation Division also could not be reached for comment concerning the heiau.