Newswatch
But Deputy Prosecutor Chris Van Marter said the state will likely ask for jail time for Foley, who pleaded no contest yesterday for his role in the 1995 death of Ho Pin Tsai, 33, and injury of his wife, Thianh Luu, 37.
"He has to be punished," Van Marter said. "He took a life. The sentence has to reflect the seriousness of it."
Foley, 49, could get up to 10 years in prison for first-degree negligent homicide and up to five years for first-degree negligent injury.
Kamalani Kawaa was admitted to the hospital late Tuesday in critical condition.
The infant was shot while being held by her father during an evening stroll at a heiau near her home on Hawaiian homestead land in Paukukalo in central Maui.
The bullet remains in the left side of her head.
Police detectives said they have not determined the type of weapon used to shoot her or whether the shooting was an accident or a malicious attack.
They are appealing to people to come forward if they have information on the shooting or heard a shot fired near the Pihana heiau between 5:15 and 5:30 p.m. Tuesday.
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