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The Honolulu Advertiser
Posted on: Thursday, March 14, 2002

Two brothers sentenced in fatal Waipi'o violence

By David Waite
Advertiser Kaua'i Bureau

Two brothers who were found guilty by a Circuit Court jury last summer were sentenced yesterday for their roles in an Aug. 12, 2000, incident in which a Waipi‘o Acres man was shot to death after he went to check on a commotion at a neighbor's home.

Joseph Poomaihealani III, 31, convicted of second-degree murder in the slaying of Bernardino "Dino" Arado, was sentenced by Circuit Judge Wilfred Watanabe to life in prison with the possibility of parole with a requirement that he serve at least 20 years before he is considered for parole.

Watanabe granted a request by city Deputy Prosecutor Christopher Van Marter to increase Poomaihealani's sentence for a related firearms charge from the normal 20 years to life in prison with the possibility of parole, based on Poomaihealani's criminal record which includes three prior felony convictions.

Poomaihealani was also sentenced to a 10-year term for being a felon in possession of a firearm.

The prison terms will run concurrently.

His brother, John Poomaihealani, 21, was sentenced yesterday on three counts related to the Waip‘o incident and had his probation revoked in another case that involved two felony counts.

John Poomaihealani was given10 years for being a felon in possession of a firearm at the time Arado was shot; five years for a second-degree assault conviction related to the beating of one of Arado's neighbors and five years for first-degree terroristic threatening involving the Arado case.
Watanabe ordered John Poomaihealani to serve at least five years of the 10-year term he received for the terroristic threatening conviction before he is considered for parole.

In addition, Watanabe sentenced John Poomaihealani to 10 years for a previous kidnapping conviction and five years for a previous second-degree assault conviction. He was placed on probation in the kidnapping and assault cases about a month prior to the incident involving Arado.
John Poomaihealani's sentences will also run at the same time.

Joseph Poomaihealani maintained at trial that he shot Arado after Arado walked quickly toward him carrying a golf club in one hand. Poomaihealani said he was afraid Arado was going to hit him with the club.

But Van Marter described the shooting during the trial as "a senseless act of violence." He said Arado was shot after he asked, "What's going on?"

Two females who were with the Poomaihealani brothers the night of the shooting testified at trial that Arado was not holding the golf club in a threatening manner when he was shot.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.