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A Circuit Court judge sentenced a Waianae man yesterday to life in prison with the possibility of parole for the murder of a man who was described as a "good Samaritan." Waianae man sentenced
to life for 2000 murderBy Leila Fujimori
lfujimori@starbulletin.comJudge Wilfred Watanabe said 31-year-old Joseph Poomaihealani III must serve a mandatory minimum term of 20 years because a semiautomatic weapon was used in the Aug. 12, 2000, murder of 38-year-old Bernadino "Dino" Arado.
Watanabe also sentenced Poomaihealani's 21-year-old brother, John, to 10 years in prison for beating another man and threatening a third in the same incident.
Arado went to investigate a commotion at his neighbor's house in Waipio armed with a golf club.
Joseph Poomaihealani III shot Arado once through the heart. He did not deny firing the shot but said he acted in self defense after Arado ignored his warnings to stay away, according to his attorney Keith Shigetomi.
Before the sentencing, Joseph Poomaihealani III apologized to Arado's parents.
"Nothing I say or do will bring your son back," he said. "I ask that you find it within your heart to forgive me," he said, looking toward Arado's mother and father.
"Please forgive my family, too. My family had nothing to do this," he said crying.
Arado's mother, Juanita Pojan, dabbed her tears as he spoke. His father, Benjamin Pojan, began to sob and left the courtroom momentarily.
"I'm glad everything is over," said Juanita Pojan. "I hope the rest of his life he better himself. I lost my son for good."
Benjamin Pojan said he and his son shared the same birthday, July 27, and had celebrated at the golf course days before his death.
"If I was home, could be me who got shot," Pojan said.
The Poomaihealani brothers and John's friend Brandon Lizardo, along with their girlfriends, had gone to visit a former co-worker, Daniel Keola, who lived next to Arado. Instead, they got into a conflict with tenant Brian Chamberlain.
Chamberlain was repeatedly kicked, punched and beaten to unconsciousness.
Lizardo, 23, was found guilty of first-degree assault and terroristic threatening for beating and threatening Chamberlain with a handgun before the shooting.
The brothers and Lizardo were trying to leave the scene as Arado approached them.
Deputy Prosecutor Chris Van Marter asked the judge for extended terms for the two brothers because they both had criminal records, had squandered opportunities of parole and probation, and to protect the public from further crimes.
Joseph Poomaihealani III, with three prior felony convictions, was on parole for assault when he murdered Arado, while John was on probation for assaulting his girlfriend.
In July a jury deliberated nine days before finding Joseph Poomaihealani III guilty of second-degree murder. But it was deadlocked on a first-degree assault charge, and a mistrial was declared on that charge.
The brothers' father, Joseph Poomaihealani Jr., said Lizardo was the one who brought the gun into the house and should have taken more of the blame.
"He was gun-whipping the guy, but my sons are being blamed." Lizardo will be sentenced April 17.