Police say the witness watches the two for hours, never calling police, but they say a surprise visit by Dilay would provide the incentive. "A couple of days later he's confronted by Dilay who goes to his apartment and says I know you squealed. And he says no I didn't, and he's threatened and now he calls police."

Police say Dilay is arrested for burglary. He's convicted and given probation but fails to comply with that probation. They say he continues to commit more crimes, including a robbery of a woman three years later at a Kalihi bus stop. "He walks over to her for no reason. Says hi, punches her in the head, causes her to fall to the ground, grabs her purse and lunchbag that she was carrying and flees."

Dilay would later be arrested, convicted and given probation, which police say he's violated again, by not checking in.

Police say Dilay's got 10 felony convictions and has racked up five felony contempt warrants. Police say this time, under the new tougher 2004 "Hope" probation pilot program, Dilay's violations means jail time. "Basically it's checking in everyday and failure to check in results in jail time."

Nolan Francis Dilay is described at five foot ten, weighing about 160 pounds with black hair and brown eyes. He has several tattoos, including a cross on his left arm and Dilay on his right arm.

Dilay is known to hang out in the Kalihi area near the Kapalama bridge.

---