Man gets four years' probation after judge says prosecutor lied

LEILA FUJIMORI / LFUJIMORI @STARADVERTISER.COM Patrick Hanawahine, left, was sentenced Thursday to four years probation for reckless endangerment by Circuit Judge Kevin Souza. Deputy Public Defender Edward Aquino stood next to Hanawahine.

An Oahu Circuit Court judge on Thursday sentenced a 32-year-old man — originally charged with attempted murder, robbery and weapons charges for allegedly robbing and shooting a Kaneohe gas station customer in 2023 — to four years’ probation on the charges of reckless endangerment.

Judge Kevin Souza ruled that Patrick Hanawahine, while not entirely innocent, did not commit the crimes he was originally accused of, and instead found the complaining witness, Kevin Fitzgerald, 46 years old at the time, who first called the police, reported lies about Hanawahine and what had happened. .

“I believe that by changing Count 1 from attempted murder to reckless endangerment, the state is tacitly acknowledging that the events did not occur and are not close to what the complainant alleged,” Souza said.

In addition to the four years of probation, the judge gave the 32-year-old husband and father credit for the 477 days he served in jail awaiting trial.

In a June plea deal, the state significantly reduced the attempted murder charge, which carries a maximum sentence of life in prison with the possibility of parole, to a Class C felony of first-degree reckless endangerment, punishable by up to five year. imprisonment. The state also dropped all other charges against him, including robbery and three weapons charges.

Souza said a “mini-trial” of sorts was held in November. It was then that he heard and saw most of the evidence, including state testimony, presented at a hearing on a motion to dismiss the charges by his then-attorney, Deputy Public Defender Tiara Maumau.

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The judge said that based on the reliable evidence presented, Fitzgerald “clearly lied to police and misled police about what happened that day.”

Souza said that regarding the attempted murder charge, in Fitzgerald’s version of what happened on March 9, 2023, he was a customer who stopped to pump gas at the Texaco gas station in the Windward City Shopping Center when Hanawahine came out of the nothing opened the store. F-250 passenger door and robbed him of his wallet, cell phone and cash.

Fitzgerald then chased him and tried to stop the robbery suspect, he claimed.

Souza said video surveillance showed Fitzgerald stopped at the gas station and waited for 20 minutes. It showed Hanawahine walking forward, an envelope was exchanged and an argument ensued.

Hanawahine walks away and Fitzgerald tries to physically prevent him from leaving, the judge said. When Hanawahine flees, Fitzgerald chases him on foot, then jumps into his truck, and he or someone else in the truck chases Hanawahine.

“It is clear that shots were fired from Fitzgerald’s truck at Hana Wahine,” the judge said.

To the extent that Hanawahine fired back, he had an apparently legitimate claim of self-defense, Souza said.

“This is a good example of why we don’t take things at face value,” Souza said. “The truth can be discovered through the trial process.

‘Fitzgerald, the so-called complainant, was the first to go to the police. In the opinion of this court, (the charges) were based on fraud, lies and misinformation to the police.

Before the judge sentenced Hanawahine, Deputy Public Defender Edward Aquino said that if the case had gone to trial, the defense would have proven that “the real criminal is the alleged victim.”

Fitzgerald was the first to gain access to police, and police took what he said literally, Aquino said.

Fitzgerald is now in prison on drug charges in California, he said.

There are indications that Fitzgerald contacted Hanawahine through social media, and “the primary aggressor is Mr. Fitzgerald,” Aquino said.

The Honolulu District Attorney’s Office said in a written statement: “Given the issues with Complainant’s availability … the State made a plea offer to ensure that Defendant, Patrick Hanawahine, could be held accountable for his conduct that occurred on March 9, 2023 .”

When Hanawahine was released on supervised release on July 1, he was able to return to his family and prove in court that he could comply with the rules, Aquino said.

He said Hanawahine has been diligently looking for a job and found a full-time job at the warehouse two weeks ago.

Hanawahine thanked the court for the opportunity.

“I’ve used the time to sit back and think,” he said, adding that he has a number of jobs. “I have stayed consistent.”

His wife and one of his children accompanied him to court and sat in the gallery during the sentencing.

The judge noted that Hanawahine had three previous criminal convictions, but they occurred some time ago.

“He’s in a different place in his life, with multiple children,” Souza said. “His family is very supportive of him. His priority in life is taking care of his family.”

He said such circumstances are unlikely to repeat.

“Sentencing him to prison would impose undue hardship on his family,” Souza said.

The judge waived court costs and restitution, explained probation rules, including that Hanawahine cannot use drugs and alcohol, and ordered random urinalysis.

“I understand your role in this case is nowhere near what was alleged, but… you should never have been there,” Souza said.