Saturday, January 16, 1999



Homeless man
draws 20 years in prison
for manslaughter

By Debra Barayuga
Star-Bulletin

Tapa

A homeless man convicted of manslaughter for beating another street person to death with a metal pipe last February has been sentenced to a maximum 20-year prison term.

Circuit Judge Richard Perkins said the evidence presented did not show Joel Young was justified in arming himself with a pipe and striking Donald Robinson, who was asleep.

Perkins noted a jury had found Young guilty of recklessly causing Robinson's death, despite being provoked.

"His conduct was criminal and caused serious harm, so the court granting probation doesn't apply in this case," the judge said.

Young, 41, claimed he acted in self-defense, saying Robinson the day before kicked him out from his sleeping place near Nimitz Highway and beat him. He testified that he returned to retrieve his belongings armed with a pipe when Robinson charged him.

But Deputy Prosecutor Kevin Takata said Young had left and pondered his actions before confronting Robinson. "It was retaliation for the prior beating and not self-defense."

The medical examiner found no defensive wounds on Robinson, who bled to death from a ruptured spleen, said Takata, who sought the maximum term.

Young yesterday apologized to the victim's family, saying he made a bad decision when he returned to confront Robinson.

If he had known how badly Robinson was injured, he would have gone for help sooner, he said. Young called 911 and led police to Robinson after he discovered Robinson was dead.

"I'm sorry. This was an accident that I never wanted to happen," he said.

Deputy Public Defender Debra Loy asked that Young be put on probation, saying he does not have a violent past, has potential for rehabilitation and has been accepted into a residential program where he can be treated for his alcoholism.

Young, who has a 3-year-old son, said he would do anything to be able to spend time with his son, and asked Judge Perkins to give him another chance.

Despite Young's desire to be with his son, Perkins said, he hadn't done much for the boy before the offense. He said he didn't think incarceration would change that.



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