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Friday, July 20, 2001



Waianae man
found guilty
of murder

Joseph Poomaihealani faces a
life sentence for killing Dino Arado


By Debra Barayuga
dbarayuga@starbulletin.com

A Circuit Court jury unanimously found a Waianae man guilty of second-degree murder for the fatal shooting of Dino Arado in August.

Joseph Poomaihealani, 31, who faces life with the possibility of parole. The jury was deadlocked on a first-degree assault charge, and a mistrial was declared on that charge.

His brother, John Poomaihealani, 19, was convicted of second-degree assault and first-degree terroristic threatening and friend Brandon Lizardo, 23, was found guilty of first-degree assault and terroristic threatening for beating up and threatening Brian Chamberlain with a handgun before the shooting. Chamberlain lived next door to Arado.

Arado, 38, a city employee, was shot in the heart when he went to investigate a commotion at his neighbor's home with a golf club in his hand. The three defendants were trying to flee the neighbor's home after beating Chamberlain.

Joseph Poomaihealani testified he thought Arado was carrying a rifle and that he shot in self-defense when Arado would not back off.

"This was not self-defense. This was not justified," deputy prosecutor Chris Van Marter argued. He added Arado was only going to help a neighbor.

No reasonable person would have shot him, Van Marter said.

Three girls who were with the three defendants that night testified that Arado was not saying anything threatening or making any threatening moves.

The Poomaihealani brothers denied beating Chamberlain. But Lizardo and Chamberlain's landlord, who lived in the house next door, testified that both brothers participated in the beating.

Chamberlain was kicked and punched repeatedly even after he lost consciousness and fell to the ground. He has since recovered.

The jury took nine days to deliberate on nine counts.

Van Marter said nine days of deliberation was not unreasonable given the number of counts. He said it showed the jury carefully examined the evidence.

However, Keith Shigetomi, Joseph Poomaihealani's attorney, said the length of time the jury took to deliberate and the mistrial on the first-degree assault charge, shows the jury had questions about the state's case.

"My client was confronted with a man carrying a golf club. He told him to go away, (Arado) didn't and he believed he was acting in self-defense."

John Poomaihealani faces 10 years in prison, with a mandatory minimum of five years for being a felon in possession of a firearm.

Lizardo faces 10 years in prison, with a five year mandatory minimum for threatening the use of a firearm. He was allowed to remain free on bail until sentencing.

All three will be sentenced Dec. 5.



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