Family describes anguish to driver
By Curtis Lum
Advertiser Staff Writer
Tearful relatives of a woman killed in a traffic accident in Nanakuli two years ago told the man who admitted causing the crash that he has sentenced their family to a life of emptiness.
Family members of Janet Joseph were given a chance to address Jones Pele Poti yesterday before he was sentenced by Circuit Judge Richard Perkins. Poti, 56, pleaded guilty in May to two counts of first-degree negligent homicide, three counts of causing negligent injuries and one count of leaving the scene of an accident that resulted in death or serious injury.
Under a plea agreement, Poti will serve no more than 10 years in prison. The Ma'ili resident originally was charged with manslaughter, which carries a maximum 20-year sentence.
Poti was driving a pickup truck toward Wai'anae on Farrington Highway July 29, 2000, when police said he sideswiped a Pontiac Grand Am traveling in the same direction. The Pontiac was forced into oncoming traffic and collided head-on with a Ford sedan.
Joseph, 67 of Makaha, was a passenger in the Ford and she died at the scene. Also killed was Elizabeth Kahalepuna, 58, of Honokai Hale.
The plea agreement meant Perkins could sentence Poti to no more than 10 years; Joseph's family said that wasn't enough.
"On July 29, 2000, my mom — and the other grandmother — was convicted of capital punishment by a reckless driver," said Fabian Saballa, the only daughter of Janet and Archangel Joseph. Saballa described her mother as a community leader who was the glue that held the family together.
"When he killed my mom, he also killed my dad," Saballa said. "He cries every night. I can cook for him, I can clean for him, I can take care of his health, but I cannot replace my mom. I cannot replace the woman that he spent over 50 years with. He's empty."
Janelle Kawai, Joseph's granddaughter, said her family is still trying to cope with the loss. She was driving the Ford and was seriously injured in the crash.
"My baby will never know the beautiful grandmother that I had," Kawai said. "Two years didn't erase anything."
Before he was sentenced, Poti turned to his family and the Joseph family in the courtroom and apologized.
"There is nothing I can say to change what happened," Poti said. "I am deeply remorseful for my actions. I even wish that I died, too."
He asked the Josephs for forgiveness.
"Please, let there be no hatred between our families. Let this bring us as friends," Poti said.
Poti, who was convicted of drunken driving in 1989 and of terroristic threatening in 1981, was allowed to delay the start of his sentence until Jan. 17, 2003. His attorney, deputy public defender Alexandra Scanlan, told Perkins that Poti will receive full retirement benefits if he is allowed to work until then.
City Deputy Prosecutor Randal Lee, who sat in for prosecutor Sherri-Ann Chun, objected to the request.
"The family of the victims didn't have an opportunity to stay the sudden, immediate sentence that was imposed on their loved ones," Lee said. "For the defendant to come before this court and ask this court for a (delay) so that he can retire is a poor excuse and diminishes the seriousness of the offense."
Perkins said the decision to allow Poti to remain free for five months was difficult. But he said Poti was not an "ordinary street criminal" who belonged behind bars immediately.
The judge added that Poti's retirement benefits will likely be used to pay restitution to the Joseph and Kahalepuna families.
Saballa said Poti should have been ordered to start his sentence immediately.
"It's so sad that my Mom didn't get to enjoy my father's retirement," Saballa said. "My father still has to live a very lonely, empty (life), while (Poti's) family enjoys his retirement."
After the sentencing, Poti hugged and kissed his family outside of the courtroom. The gathering then sang a religious song and said a prayer.
