The last time Mike Culkin stepped into a courtroom, his eldest son was being sentenced to 20 years in prison for recklessly causing the death of Culkin's youngest son. Man convicted in
brother’s death set freeTimothy Culkin got a new 5-year
term, with credit for time servedBy Debra Barayuga
dbarayuga@starbulletin.comYesterday, Culkin was back in the courtroom, but this time he had cause to celebrate.
Circuit Judge Karen Ahn resentenced Timothy Culkin, 44, yesterday to five years in prison on a reduced charge of second-degree assault -- recklessly causing serious bodily injury -- with credit for time served.
Prosecutors agreed to allow Culkin to plead no contest to the reduced charge, which is punishable by a maximum of five years imprisonment. Deputy Prosecutor Craig Hirai requested that the court follow the plea agreement.
Because Saturday is the fifth anniversary of Culkin's entry into Hawaii's prison system, he will not have to serve additional time. It meant that by day's end, the 69-year-old father who thought he would not be alive to see his only surviving son walk out of prison would be sitting across from him for a steak dinner.
"It's probably one of the most joyous days of my life," Mike Culkin said as he waited for papers to pick up his son yesterday from Halawa Correctional Facility.
"I just prayed to God I'd stay healthy so I'd be here when he got out," said Culkin, a 28-year Air Force veteran.
Culkin has visited his son every weekend and holiday during his incarceration, except when his son was shipped to Oklahoma for seven months.
It has been a lonely five years since he got the call that his youngest son, Thomas, had died after being stabbed in the chest and his oldest son was accused of murder.
Thomas Culkin, who earlier served time in federal prison on drug charges, apparently was high on crystal methamphetamine, or ice, when he went to his brother's Aiea home July 27, 1997. They got into a tussle when Thomas refused to leave. Timothy Culkin testified at his December 1998 trial that he had picked up a steak knife to defend himself after his brother "rushed" him and that he never intended to kill his brother.
The jury convicted Timothy Culkin on the lesser charge of manslaughter. During the trial, prosecutors had raised the question of Culkin's involvement in a forgery case. Last November, the Hawaii Supreme Court overturned the conviction on several points, one being that the prosecution's use of the forgery case involvement was prejudicial.
The family had criticized the prosecution's portrayal of Timothy Culkin as the bad brother when it was Thomas Culkin who was constantly getting into trouble and drugs. It was Timothy who was always looking out for his younger brother, family members said.
"His heart still aches over the fact his brother died," Mike Culkin said yesterday.
"By all accounts, Timothy was Abel to his brother's Cain," said deputy public defender Todd Eddins. "With his no-contest plea, he walks out of jail today and is able to engage in activities free citizens take for granted while at the same time eliminating the inherent uncertainties of another trial."
Mike Culkin's only regret is that ex-wife Shirley Cryan, who died in October, was not here to see her son walk free. Cryan had fought hard to have her son vindicated, putting up her life savings for his defense and attending every day of his trial.
Mike Culkin looks forward to getting reacquainted with his son.
"Tim will be home tonight, and I think that's pretty cool," he said as he wiped away tears.