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A 22-year-old man was found guilty yesterday of reckless manslaughter for kicking bouncer Robert Cullen in the chest at Venus Nite Club on Oct. 6 and causing his death. Guilty verdict in
bouncer’s deathTony Kwak faces a 20-year
term for reckless manslaughterBy Leila Fujimori
lfujimori@starbulletin.comTony Kwak, a Leeward Community College student, faces a possible 20-year term when he is sentenced July 24.
After the jury verdict was read, Kwak turned to face his parents and friends. Kwak's mother hid her face and wept silently.
Kwak has been on trial since April 15 on a second-degree murder charge for delivering a single football-style kick to Cullen's chest.
"It (the verdict) was fair but I wish for more," John Luiz, a bouncer at Venus Nite Club, said after the court session. "Hopefully, it'll be taken care of at sentencing. We worried he was going to get off. At a young age, you do stuff. People don't think of the consequences."
Judge Michael Town ruled that a reasonable jury could not have found that Kwak intended to kill Cullen and knew with predictable certainty that he would die from one kick to the chest, said Deputy Prosecutor Barry Kemp.Therefore, the judge reduced the charge to reckless manslaughter from murder.
"It wasn't a real common cause of death," Kemp said.
The 50-year-old Cullen was breaking up a fight when he was killed, according to a cashier at the nightclub who testified at trial.
City Chief Medical Examiner Kanthi Von Guenthner had testified that Cullen was in good physical condition and died of a "concussion of the heart" from blunt impact to the chest.
Jurors deliberated for about a day before reaching their verdict.
Kwak remains free on bail until sentencing.
The judge has the option of sentencing Kwak to either the maximum 20 years or to five years' probation with up to a year in jail.