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Police shooting
By Debra Barayuga
unjustified, say
widow, girlfriend
in lawsuit
Star-BulletinA 34-year-old Big Island man shot and killed by a police officer gave no reason for the officer to shoot, said the attorney for the man's widow.
"Eyewitnesses said at no time did Jon Webster Pavao conduct himself in a threatening nature, but was shot anyway," said Eric Seitz in opening statements yesterday.
A jury trial in a wrongful death suit filed by Pavao's widow, Harolyn Pavao, and his girlfriend, Linda Sadino, began in U.S. District Court yesterday.
The suit seeks an unspecified amount of damages to be proven at trial.
At issue is whether police officer John Pagay entered the home without emergency purpose or consent and whether he used unreasonable force.
The plaintiffs contend Pagay had no business being at the home and used unnecessary force.
But John Kamelamela, one of two county attorneys defending Pagay, said the officer was allowed entrance to the home by a resident, used great restraint in the use of his firearm and that the shooting was justified.
What isn't disputed is that on June 10, 1998, Pagay responded to a 911 dropped call to the Ainaloa subdivision home of Sadino where Pavao was staying.
Inside the home were Pavao, his 16-year-old daughter who apparently had come to pick him up, Sadino and her 13-year-old daughter.
The defense said there apparently had been an argument between Sadino and Pavao before the officer arrived. Sadino was pushed or grabbed and Pavao was told to leave.
While the officer was present, Pavao began gathering some of his belongings, including a revolver which he retrieved from a kitchen drawer and placed in the waistband of his pants.
Seitz said he could not explain why Pavao did that.
Pagay saw the gun in Pavao's waistband and ordered him to drop it, while drawing his own gun, Kamelamela said.
Pavao at some point pointed the gun at his own head and made comments to the effect "better I shoot myself."
After Pavao ignored repeated demands by the officer to drop the gun or else be shot and pleas by others in the room to drop the gun, the officer fired two shots -- hitting Pavao in the chest.
Seitz said the shots came after Pavao put his hand holding the gun down and pointed it toward the floor.
Kamelamela said the officer could see the gun was cocked the entire time and fired the shots after Pavao raised the gun toward him.
Despite Sadino yelling out that the gun Pavao held was inoperable, there was no way to tell otherwise, Kamelamela said.
Sadino and her daughter and Pavao's daughter -- who witnessed the shooting -- are expected to testify, Seitz said.
Pagay also is expected to take the stand.
The jury trial in U.S. District Judge David Ezra's courtroom is expected to last about a week.
No criminal charges were ever brought against Pagay by Hawaii County prosecutors. The Hawaii Police Department Internal Affairs probe also absolved Pagay of blame.
Pagay, 33, has been with the department for 11 years and is currently with the Community Policing Division in Hilo.
