CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
A jury convicted Patrick Lorenzo, 33, of second-degree murder yesterday for the Feb. 10 shooting death of Deputy Sheriff Daniel Browne-Sanchez at Osake Sushi Bar & Lounge.
Jury convicts in deputy killing
Patrick Lorenzo faces life with possible parole for the Osake murder
» New sentencing law could mean stiffer penalty
STORY SUMMARY »
A Circuit Court jury found Patrick Lorenzo guilty of second-degree murder yesterday in the Feb. 10 shooting death of an off-duty deputy sheriff at a Kapiolani Boulevard bar.
Second-degree murder carries a mandatory sentence of life in prison with the possibility for parole.
The jurors found Lorenzo not guilty of attempted first-degree murder, which carries a stiffer sentence -- life without the possibility for parole -- because it involves putting more than one person at risk of death.
Lorenzo could still receive the harsher sentence because the prosecutor has filed for an extended sentence under a new law approved by state lawmakers last month.
Lorenzo was wearing a ski mask and bulletproof vest and carrying a semiautomatic pistol equipped with a silencer when he entered Osake Sushi Bar & Lounge after closing and ordered the employees to their knees. He fired and missed at one employee, then shot and killed state Deputy Sheriff Daniel Browne-Sanchez when he tried to subdue him.
The jury also found Lorenzo guilty of reckless endangering, kidnapping and firearm violations. Lorenzo claimed at trial that he didn't try to kill anyone and was forced to go to the bar to scare Osake's owners by people he owed drugs.
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A state jury found Patrick Lorenzo guilty of second-degree murder yesterday in the Feb. 10 shooting death of off-duty state Deputy Sheriff Daniel Browne-Sanchez at the former Osake Sushi Bar & Lounge on Kapiolani Boulevard.
Browne-Sanchez, 27, worked at Osake part time as a barback. Osake has since closed.
However, the jurors found Lorenzo, 33, not guilty of attempting to kill any of the other Osake employees.
They found him not guilty of attempted first-degree murder -- attempting to kill more than one individual. And they found him guilty of reckless endangering, rather than attempted second-degree murder, for firing a shot that missed bar manager Brian Hasegawa.
The jury deliberated six days before reaching its verdicts. During deliberations, the jury sent a communication to the court indicating they believed Lorenzo was under duress when he showed up at Osake and ordered the employees to their knees while wearing a ski mask and bulletproof vest and carrying a semiautomatic pistol with a silencer.
At trial, Lorenzo claimed he did not intend to kill anyone but was ordered to send a message to Osake's owners by two men who provided the mask, vest and weapon. He said he owed the men drugs and they threatened him and his family that harm would come to them if he didn't cooperate.
The jury also found Lorenzo guilty of two counts of kidnapping, two counts of using a firearm to commit the kidnappings, for using a firearm in the murder, possessing a firearm as a convicted felon and while charged with other crimes and for possessing a silencer. He was found not guilty of robbery.
Circuit Judge Karl Sakamoto has not scheduled a hearing for sentencing because the prosecutor has filed a motion seeking an extended sentence under the terms of a new state law. Under the statute, a jury, rather than a judge, must determine Lorenzo's eligibility for an extended sentence.
The normal sentence for second-degree murder is life in prison with the possibility for parole. An extended term removes the chance for parole.
According to testimony presented during the trial, Lorenzo burst into Osake's kitchen and ordered two employees into the lounge at gunpoint. He then ordered all of the employees to their knees and when Hasegawa was slow to comply, fired a shot at him. Browne-Sanchez did not go to his knees and instead approached Lorenzo.
"He did what he was trained to do. He made the move, he didn't back down. He did his job, right to the end. I'm proud of it," said James Propotnick, state Department of Public Safety deputy director of law enforcement.
Lorenzo shot Browne-Sanchez multiple times but Browne-Sanchez was still able to tackle Lorenzo and wrestle him for the gun . The other employees subdued Lorenzo, but Browne-Sanchez died from his injuries.
New sentencing law could mean stiffer penalty for slayer Lorenzo
Patrick Lorenzo could be the first person sentenced under a law that has been in effect a week.
The law allows judges to impose extended terms, or prison sentences longer than what are normally allowed by law.
State lawmakers approved it last month in special session to conform with recent federal and state Supreme Court rulings and orders. Gov. Linda Lingle signed it Oct. 31.
A state jury found Lorenzo guilty yesterday of second-degree murder in the Feb. 10 shooting death of state Deputy Sheriff Daniel Browne-Sanchez. The mandatory sentence for second-degree murder is life in prison with the possibility for parole.
The prosecutor in the case is seeking an extended term of life without the possibility for parole.
The law requires a jury to determine whether a convicted felon is eligible for an extended term for the protection of the public. Previously, judges made that determination.
City Prosecutor Peter Carlisle has said he prefers to have the jury that found the defendant guilty make that determination when possible. Deputy Prosecutor Scott Bell made that request yesterday after the Lorenzo jury rendered its verdict.
Lorenzo's lawyer, Walter Rodby, told Circuit Judge Karl Sakamoto he opposes having the same jury determine his client's eligibility for an extended term.
"Because had we known, your honor, we would have conducted (jury selection) differently. We have a juror here who said he believes in the death penalty. We do not believe he can be fair," Rodby said.
Bell said he could not have given Rodby notice of his intention to ask for the same jury for sentencing because the law wasn't on the books when jury selection began.
Sakamoto decided to keep the same jury.
"The defendant, Mr. Lorenzo, had the right to a fair and impartial jury panel. And that is what was selected (in) the 12 jurors," he said.
Sakamoto has scheduled the extended term hearing for Dec. 10 and has told jurors it could last a few days.
Even if the jury determines that Lorenzo is eligible, Sakamoto is not compelled to impose an extended term. The law says, "The court may sentence a person who satisfies any of the categories ... to an extended term of imprisonment."