Honolulu Star-Bulletin Local News
' They got off easy,'
slain teen's family says

Three gang members
escape murder convictions

By Linda Hosek
Star-Bulletin



The family of Misiona Faumuina wanted to see the three teens who beat him to death in a gang ritual spend their lives in prison for murder.

But now they brace themselves for the Sept. 13 sentencing of the three, where punishment could range from probation to up to 10 years.

"They got off easy," said Sapena Faumuina, an older brother, who said the real reason for the beating was jealousy over a girl.

A Circuit Court jury yesterday convicted the three of lesser offenses for their roles in Faumuina's death on June 27, 1995, behind the Waipahu Recreation Center. He sustained 52 external injuries and died the following day at Queen's Hospital from bleeding to the brain.

Jurors returned verdicts of manslaughter for Marc Umi, 19, and second-degree assault for Emanuelu Tunoa, 17, and Ricky Lealaitafea, 18. Manslaughter carries a prison term of up to 10 years, and second-degree assault of up to five years.

Deputy Prosecutor Chris Young said the verdicts sent the message that society will tolerate gang beatings that end in death.

He had argued that the three knew that the hits they described as "hard" would cause death, especially with so many to Faumuina's head.

Young said he would ask for jail time, adding: "A 17-year-old was beaten to death. There is no other sentence to ask for."

But Tim Ho, Umi's attorney, said jurors returned the correct verdict.

He said all witnesses testified that Faumuina was not supposed to die when he was "jumped out" of one gang, clearing him to enter another.

He also said the verdict did not condone gang violence. He said Umi's potential 10-year sentence shows that gang members who cross into violence face prison time.

But Ho also said he would ask for probation, saying Umi has no prior convictions or a juvenile record.

Reinette Cooper, Tunoa's attorney, said she was satisfied with the verdicts. But she also said she was surprised that jurors decided so quickly, with deliberations lasting less than five hours.

She said she had to review Tunoa's juvenile record before she could recommend a sentence.

Umi testified that he took responsibility for Faumuina's death, saying he succumbed to pressure from mainland gang members to perform the ritual. He also said that he and Faumuina were best friends who fancied a singing career together.

But Sapena and Afiona Faumuina, Misiona's brother and sister, said the beating stemmed from jealousy. They said Umi was upset that his girlfriend had a crush on Misiona and had his friends beat him.

Afiona Faumuina also said Misiona hung out with numerous people but did not belong to a gang.

Prosecution and defense attorneys had said Faumuina wanted to switch from a gang once known as "94 Block Gang" to "Royal Samoan Pyrus."

Lea Umi, Marc's mother, said Misiona was like a son to her and pleaded to teens to stay out of gangs: "There's no life in a gang, there's no life in prison."

She said she was grateful to God for her son's verdict and hoped the Faumuinas could forgive her son.

"I'm angry at the jury, the system and the law," Afiona Faumuina said. "The law is not there to protect the victim."

She also said she was angry at Marc Umi: "I don't think he's remorseful. He needs to tell the entire truth of why he beat Misiona."

Umi hung his head during much of the trial and cried during his testimony at one point. Ho said he gave Umi paper during the trial for notes, but Umi would write: "Misiona, rest in peace."




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