A 52-year-old Honokaa man wanted by police either orchestrated his own disappearance at sea to keep authorities at bay, or fell overboard and swam ashore but failed to inform rescuers or turn himself in — depending on who’s telling the story.
A 52-year-old Honokaa man wanted by police either orchestrated his own disappearance at sea to keep authorities at bay, or fell overboard and swam ashore but failed to inform rescuers or turn himself in — depending on who’s telling the story.
Derek Faisin Liu was arrested at about 1:30 a.m. Monday in Keaau and charged with two counts of violating terms of his release on bail. He appeared in court Monday afternoon.
Liu, the subject of a police wanted bulletin issued Dec. 2, became the subject of an extensive search-and-rescue mission Dec. 4 after his unoccupied 12-foot Zodiac-type inflatable boat was found in the ocean about a mile offshore from Kohala Estates. Liu’s truck and trailer were found at the Kawaihae boat ramp.
On Dec. 5, Liu missed a change of plea and sentencing hearing in separate burglary and firearms cases.
Deputy Prosecutor Kelden Waltjen told Hilo Circuit Judge Glenn Hara the search for Liu was extensive, involving “17 fire units, including both county helicopters, a Coast Guard helicopter and cutter, as well as numerous family and friends.”
“On Dec. 5, the defendant failed to appear for his court hearing as previously stated,” Waltjen said.
Waltjen asked Hara to increase bail to $250,000 for Liu, who also is the subject of a pending motion to revoke his probation on a conviction for drugs, paraphernalia and firearms.
“He’s on probation for a felony conviction,” he said. “He’s already on bail for an unrelated pending felony charge. In addition, he’s already been previously convicted of two or more felonies, with three prior convictions. In addition, the state would note that, based on the facts presented, it appears the defendant would be a flight risk.”
Francis Alcain, Liu’s attorney, argued against the bail increase, telling the judge there were extenuating circumstances, including a near-miraculous survival story.
“On (Dec. 4), we were informed that he did have trouble at sea. He fell into the ocean and was forced to … swim for quite a distance,” Alcain said. “By the time he got to shore, he had seen that there was … two articles regarding him. One that said that he was missing at sea and two, that he was a wanted individual with warrants for his arrest. At that point, he panicked and decided to wait until those warrants were served. He did not flee the island; he stayed on island and was subsequently arrested on the two warrants that appear before the court.”
Hara ordered Liu to return to court at 8:30 a.m. Feb. 2 and set bail in all matters at $250,000.
“Mr. Alcain’s comments, if it’s true that’s what happened, and you panicked — under the circumstances, Mr. Liu, doesn’t give me great comfort that you will appear in the future,” the judge said.
Hara told Alcain his version of events “is on the record.”
“The logical thing to do, if he’d fallen into the ocean and he got word that people were looking for him, he’d say, ‘I’m here. Stop looking,’ rather to run, which is what he did, or appears to have done,” he said.
Email John Burnett at jburnett@hawaiitribune-herald.com.