Advertisement - Click to support our sponsors.
Big Island cop
By Suzanne Tswei
justified in shooting death
of man in his home
Star-BulletinA federal jury has found that Big Island police officer John Pagay was justified in shooting and killing a man when the officer was sent to the man's home to investigate a domestic complaint.
An emotional Pagay said he felt vindicated by the verdict, which prompted an immediate and joyous bear hug from his attorney, Joseph Kamelamela, as the verdict was read in U.S. District Judge David Ezra's courtroom.
Despite yesterday's favorable outcome, Pagay said he felt remorse and sorrow for the family of Jon Webster Pavao, who was shot and killed June 10, 1998.
Eric Seitz, attorney for the plaintiffs, said he plans to appeal the verdict. Seitz filed a wrongful-death suit on behalf of Pavao's widow, Harolyn, and his girlfriend, Linda Sadino, seeking an unspecified amount of damages.
"It's a disgusting outcome," Seitz said. "It's going to invite more of this kind of police action. What is going to happen is police will go into homes and shoot people."
Seitz said during the trial that Pavao did not conduct himself in a threatening manner and the officer violated Pavao's civil rights by entering the home without permission and used unnecessary force in shooting him.
The jury determined Pagay, who was responding to a 911 call, had consent to enter the Ainaloa subdivision home of Sadino.
The jury also found Pagay was justified in shooting Pavao after he refused to drop his gun despite Pagay's repeated orders to do so.
Officer Pagay testified that he felt he had no choice but to shoot Pavao, otherwise Pavao was going to shoot and kill him instead.
The shooting did not result in any criminal charges against Pagay, who also has been absolved of the shooting by a Hawaii County Police Department's internal affairs investigation.
Pagay has been with the Police Department for 11 years. After the killing, he was transferred from patrol and assigned to the Community Policing Division in Hilo.
