HILO >> A federal appeals court has ruled that Big Island policeman John "Masa" Pagay acted properly when he entered a home in 1998, then shot and killed a man. Fed court sides with
Big Island cop in shooting
By Rod Thompson
rthompson@starbulletin.comHarolyn Pavao, the estranged wife of the shooting victim, Jon Webster Pavao, filed suit for damages in U.S. District Court in Honolulu, then appealed a verdict against her.
In a decision Sept. 30, the 9th Circuit Court of Appeals noted that Pagay responded to two 911 calls from the Puna home of Pavao's girlfriend Linda Sadino, who said Pavao had grabbed her neck.
Standing in front of Pagay, Pavao picked up a pistol, placed it to his head, then lowered it to his side.
Sadino shouted repeatedly that the pistol was broken, but Pagay said he did not hear that, the court noted.
Sadino and two family members said Pavao was pointing the gun at the floor when Pagay fired.
Pagay testified Pavao was raising the gun and stepping toward him when he fired.
Eric Seitz, attorney for Harolyn Pavao, said the key question was whether Pagay had permission to be in the house.
"He certainly was not invited in, and had he not gone inside, the guy would be alive today," Seitz said.
The appeals court disagreed. Sadino's daughter, Michelle Segobia, 14 at the time, opened the door partway to Pagay, talked for a minute, then opened the door fully and stood back to let Pagay in, the court ruled.
"Clear and unequivocal consent to enter could be implied from the totality of the circumstances of this case," the court said.
County of Hawaii
