Puna boy could be tried as adult
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By Rod Ohira and Hugh Clark
Advertiser Staff Writers
A 14-year-old Big Island boy accused of raping and killing a 6-year-old could become the youngest person ever prosecuted as an adult in Hawai'i for murder.
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The boy, a seventh-grade special education student at Pahoa High School, is accused of killing Kauilani Tadeo of Puna, whose body was discovered Thursday in an abandoned house near her home in the Hawaiian Beaches subdivision.
Six-year-old Kauilani Tadeo had been sexually assaulted and was killed by a blow to the head.
The girl had been sexually assaulted and was killed by a blow to the head.
The boy, who lives in the same subdivision, was taken into custody late Saturday night and has been charged with second-degree murder and two counts of first-degree sexual assault. He remains in custody on O'ahu, because the Big Island lacks a youth detention facility.
Pahoa High School principal Maring Gacusana said yesterday that the boy was "a regular kid" who had not been in any trouble at the school. "There's nothing to suggest he had a problem like this," she said.
Kauilani's parents, George and Tumata Tadeo, said yesterday they did not know the boy, although police said he lives in the same sprawling area. The Tadeos also have two sons, ages 5 and 3.
Teen murder cases
George Tadeo said he wants the teenager to be tried as an adult because of the viciousness of the attack.
Big Island Prosecutor Jay Kimura would not comment on any aspect of the case, including whether he will seek a Family Court waiver.
Twice in recent years Hawai'i County prosecutors have sought adult status for murder defendants under the age 18.
The first was Shawn Schweitzer, who was 16 at the time of the 1991 kidnapping, rape and murder of Dana Ireland. Schweitzer, who cooperated with investigators, was convicted of a reduced charge of manslaughter and kidnapping, and given a one-year sentence.
In February of this year, a 16-year-old Honolulu boy was charged with the death of university student Tetsuya Takahashi, 20, in Puna. A closed-door hearing on prosecutors' request for a Family Court waiver is scheduled for Oct. 18 and Oct. 19.
Held until 19
Under state law, a juvenile convicted in Family Court of any crime — even murder — can be held at the Hawai'i Youth Correctional Facility only until age 19. Once a juvenile offender reaches that age, release is required.
If tried as an adult and convicted of second-degree murder, the mandatory sentence would be life imprisonment with the possibility of parole.
In determining whether a juvenile should be treated as an adult, the judge must take into account the youth's mental health and maturity, information contained in police reports, the seriousness of the crime, and the suspect's criminal history, said Honolulu Senior Family Court Judge Frances Wong.
"It's not usually a long process but the waiver hearing will take a few months," the judge said. "The waiver judge will want as much information as possible. This is going to be a difficult matter."
State public defender Jack Tonaki agreed. "The bottom line is rehabilitation versus the interest of justice. It'll be a tough call for the court. This is an extreme case because it's a homicide," he said.
In most waiver cases, Tonaki's office would prefer to keep youths 14 to 16 under Family Court jurisdiction.
"The main reason is a juvenile is more receptive to rehabilitation than a hardened adult," Tonaki said. "When a juvenile is convicted as an adult, he goes to (O'ahu Community Correctional Center) and will be in a population of adults. The Department of Public Safety is not equipped with special programs to treat juveniles."
Law lowered age
Until 1997, the youngest age at which a juvenile could be prosecuted as an adult was 16. But the law was changed to lower the age, allowing a 14-year-old to be prosecuted as an adult as long as "there is no evidence the person is committable to an institution for the mentally defective or retarded or the mentally ill."
John Sua is believed to be the youngest person ever found guilty in Family Court for a murder. According to the Honolulu Prosecuting Attorney's office, Sua was 15 years old when he shot and killed 24-year-old man and wounded two other men in the parking lot of a Waipahu bar in September 1990. Sua pleaded guilty to murder and was sentenced as a juvenile to the Hawai'i Youth Correctional Facility.
