Killer will be under
house arrest

The 84-year-old gets 5 years' probation
and must also pay $12,000

By Debra Barayuga
Star-Bulletin

One of the oldest persons to be charged with murder in Hawaii will not spend any time in prison for the shooting death of a tenant.

Circuit Court Judge Richard Perkins yesterday sentenced Buenaventura Argel, 84, to five years' probation, a year under house arrest and restitution payments of just over $12,000.

Argel had been charged with second-degree murder for the June 1996 shooting of Idelfonso Gorospe, 70, who was renting a room on the top floor of Argel's Aiea home.

In exchange for pleading guilty to manslaughter, the state dropped murder charges against Argel, who claimed he shot Gorospe after the younger man threatened to kill him and his wife with a knife in their home.

The two men earlier had argued about overdue rent payments.

Argel faced up to 10 years in prison. Later in 1996, after the shooting, the maximum sentence for manslaughter was extended to 20 years.

Deputy Prosecutor Jeff Albert had argued against probation because a life was taken.

"Mr. Argel did shoot and kill Mr. Gorospe," he said. "The seriousness of that event would be substantially diminished by finding (for) probation."

In reaching his decision, the judge said he reviewed state laws that weighed strongly in favor of probation.

While Argel's actions did cause serious harm, Perkins said he also considered that Argel had acted because he and his wife were being threatened in their home, and that Gorospe had provoked the events leading to his death.

Perkins also took into consideration Argel's advanced age, health problems, the likelihood of his committing another crime and his lack of a criminal record.

Defense attorney Matthew Pyun Jr. told the court that Gorospe's death has been an unbearable burden on the Argels. "He's gotta live with this."

That Gorospe threatened to kill them did not lessen that burden, Pyun said. "Mr. and Mrs. Argel are being punished and continue to be punished every day since this happened."

Before being sentenced, Argel addressed the court through his son-in-law, Celestino Alcantara.

"I did not mean to kill Mr. Gorospe," Alcantara related. "I only tried to stop him from killing us.

"Sometimes I think better he kill me because so much trouble for my wife and family."

Gorospe's son, Idelfonso Gorospe Jr., said he was "unsatisfied" by the ruling. Family members said they consider Argel a free man.

The Gorospes have filed a civil suit against the Argels.