Advertisement - Click to support our sponsors.
Big Isle police
By Debra Barayuga
officer testifies about
civilian’s shooting death
Star-BulletinA Big Island police officer accused of using unnecessary force in the shooting death of civilian Jon Webster Pavao said he had no choice but to shoot when the man pointed a gun at him.
"I thought at that time Mr. Pavao was going to kill me, that he was going to shoot," testified Officer John Pagay. "I had no choice -- his actions dictated my actions."
Pagay took the stand yesterday in his defense in the wrongful death suit filed by Pavao's estranged wife, Harolyn Pavao, and girlfriend, Linda Sadino.
The suit charges Pagay with violating Pavao's civil rights by entering the residence without permission and using unnecessary force when he shot Pavao in June 1998.
Pagay had gone to the home on a report of an anonymous call by a female asking for police to come.
During questioning by deputy corporation counsel John Kamelamela, Pagay said he was trying to elicit information from Sadino who said Pavao had grabbed her earlier by the neck when there was a commotion in the kitchen area with Pavao and his daughter.
Pavao had walked into the kitchen area and Sharina Pavao was saying, "Put that back."
Sadino also moved toward the kitchen and also said, "Put that back, what you going do with that?"
Pagay said he drew his firearm after he moved toward the kitchen and saw Pavao inserting a revolver into his waistband.
Despite repeated commands to drop the gun, Pavao removed the revolver from his waistband and held it at his side and said to the officer, "What, you like shoot me? Shoot me, I like die," according to Pagay.
Pavao allegedly raised the revolver and pointed it at his own head as Pagay continued to order him to drop it.
Meanwhile, Sadino and Sharina were screaming but he couldn't understand what they were saying, Pagay said.
When Pavao quickly dropped his hand holding the gun, Pagay said he had to restrain himself from firing and, as trained to do, repositioned his body sideways to provide less of a target.
"(Pavao) held his gun down to his right side, looked at me, smiled and took two steps forward and simultaneously pointed the firearm at me and I shot two times," Pagay said.
The shots hit Pavao in the upper chest.
After Pavao fell to the ground, Pagay said he moved toward Pavao to recover the revolver when Sadino began shouting at him: "You didn't have to shoot, the gun was broken ... that's what he wanted you to do, that's why he pointed the gun at you."
The hammer on Pavao's revolver was still cocked when he retrieved it, but he had no knowledge that the gun was inoperable, Pagay said.
Pagay's testimony contradicts what three eyewitnesses had testified to.
Sadino, her daughter Michelle Segobia and Sharina Pavao denied Jon Webster Pavao ever pointed the gun at Pagay and that the gun was at his side when he was shot, said Eric Seitz, attorney for Harolyn Pavao.
Also earlier, Segobia testified she did not give Pagay permission to enter, opened the door halfway, didn't say anything to Pagay and he just went inside, Seitz said.
Pagay testified he was given consent to enter the home.
While approaching the home, he heard female voices coming from inside. Pagay said he opened the screen door and knocked several times on the inner wooden door while announcing, "Police."
He also heard a female voice shout, "Open the door, I think that's the police."
Segobia came to the door and opened it halfway but would not respond when he asked her if there was a problem and if someone had called 911.
Pagay said Segobia looked as though she had been crying and she appeared "terrified." When Segobia turned to look at Sadino, who was inside, Pagay asked Sadino if there was a problem and who had called 911.
When Segobia pulled open the door further and stepped back, Pagay took that as permission to enter. Segobia's facial expression and failure to respond "raised my suspicion something was wrong at the household," Pagay said.
"Her body language dictated to me she was giving me permission to enter."
