Neighbor guilty in fiery attack
A Punchbowl man is convicted of assault, not attempted murder
A Punchbowl man accused of confronting his neighbor with various weapons and setting him afire was found guilty of the lesser charge of first-degree assault.
The Circuit Court jury deliberated for 4 1/2 hours before convicting Keith Yamamoto, 41, of the reduced charge in addition to two counts of first-degree criminal property damage for recklessly placing Lai Lim Leong's family in danger from flying glass and fire.
Yamamoto, in custody since the Oct. 4, attack, had initially been charged with attempted second-degree murder, punishable by a life term in prison with the possibility of parole. First-degree assault is punishable by a 10-year prison term.
His attorney, Deputy Public Defender Darcia Forester, who had asked the jury to find him guilty of assault, not attempted murder, said Yamamoto is grateful the jury took the time to review all the evidence.
But Deputy Prosecutor Wayne Tashima said he was disappointed because the evidence clearly supported the state's position that Yamamoto intended to kill Leong that day.
Leong was backing his family's Mercedes out of their Bush Lane garage that morning when an angry Yamamato approached, swearing and carrying a spear gun, Tashima said. Yamamoto shattered the car's rear window where Leong's wife sat next to the couple's 11-month-old infant, before smashing a baseball-size hole in the driver's-side window where Leong sat. Yamamoto then squirted some gasoline at Leong through the hole and set him afire. Leong's wife and baby and his adult sister, who were screaming and crying through it all, managed to escape. His sister's hair was singed.
Leong suffered first-, second- and third-degree burns over 20 percent of his body, mostly on his face, neck, shoulder and back on the left side. Despite undergoing skin graft surgery, a doctor has said Leong will have permanent and significant scarring.
The defense did not dispute that Yamamoto caused Leong serious injury, but maintained he did not intend to kill him. With the equipment Yamamoto carried that day, he had the potential to inflict greater damage but did not, Forester said.
Police recovered Yamamoto's tool belt still with two containers of gasoline, fireworks and a claw hammer. They also found near the scene two utility knives --- one that had apparently been used to slash the tire of the Leongs' Mercedes -- a 2-foot-long pipe and the discarded sledgehammer and spear gun.
"He didn't use the spear gun to shoot anyone, he didn't use the utility knife to cut anyone and he used a small amount of gasoline when he had the potential to light the entire car on fire," Forester said.
Yamamoto also did not prevent Leong from escaping from the burning car, used the sledgehammer to only poke a baseball-size hole in the driver's window and did not to completely bash in the windows, she said.
What led to the attack is not clear, but it appeared from statements Yamamoto made to police before he was arrested that he felt Leong had been messing with him and his grandfather, who owned the house across from the Leongs.
Tashima said he will ask the court to sentence Yamamoto, who has no prior criminal history, to an extended term of 20 years based on the multiplicity of convictions and the nature of the offense he was convicted of.
Yamamoto, who has been unable to post bail since his arrest, will be sentenced Jan. 24 by Circuit Judge Karl Sakamoto.