Man who killed bouncer
with kick gets 20 years

The 50-year-old victim was breaking up
a fight when he was kicked in the chest

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By Leila Fujimori
lfujimori@starbulletin.com

A 23-year-old man, found guilty of killing bouncer Robert Cullen at Venus Nite Club with a single kick to the chest, was sentenced yesterday to 20 years in prison.

Circuit Judge Michael Town sentenced Tony Kwak to a 20-year maximum term, with no minimum mandatory sentence, for the manslaughter conviction. Town could have sentenced him to five years' probation with up to a year in jail.

The Hawaii Paroling Authority will determine the minimum time he must serve.

"I think that, in this case, that was the correct sentence because if he had gotten probation for killing somebody, it would have discounted the severity of the offense, the gravity of the offense," Deputy Prosecutor Barry Kemp said. "I believe that the 20-year prison term was the correct and appropriate sentence."

A jury found Kwak guilty May 3 of reckless manslaughter for killing Cullen, 50, on Oct. 6, 2001.

Cullen was breaking up a fight and had a man in a headlock, when he was kicked in the chest, according to a cashier at the nightclub, who testified at the trial. The cashier identified Kwak as the person who delivered a football-style kick to Cullen's chest, stopping his heart.

Chief Medical Examiner Kanthi Von Guenthner testified Cullen had been in good physical condition and died from a "concussion to the heart."

Kwak originally had been charged with second-degree murder. But after the prosecution presented its case, the court acquitted Kwak of murder and allowed the prosecution to proceed with a reckless manslaughter charge.

Richard Pafundi, a private attorney hired by Kwak, is appealing the conviction to the state Supreme Court.

During the trial, Kwak was represented by Debra Loy, a deputy public defender.

Pafundi will ask the judge Friday to allow Kwak to remain free on bail during the appeal.

"We fear an innocent person will be incarcerated," Pafundi said.

Kwak has remained free on a $125,000 bond. Kwak's request for a new trial was denied by the judge Sept. 20, and a written order was issued yesterday.