HONOLULU (AP) - A Hawaii appeals court has overturned the harassment conviction of a former member of a National Guard youth program, finding the state failed to prove one of the elements of the crime.
The Honolulu Star-Advertiser reports the Hawaii Intermediate Court of Appeals handed down the ruling Monday, overturning Burt Calaycay’s 2016 conviction stemming from his time in the Hawaii Youth Challenge Academy.
Calaycay was charged in 2014 with misdemeanor harassment involving a 17-year-old female cadet. He was also charged with two counts of misdemeanor sexual assault involving contact with another 17-year-old cadet.
The court found the harassment victim did not say that his proposition for sex made her fear he was going to inflict bodily injury.
Calaycay previously pleaded no contest to the sexual assault counts.