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The Honolulu Advertiser
Posted on: Sunday, May 12, 2002

Neighbor Island briefs

Advertiser Staff and News Services

BIG ISLAND

Appeal filed against Big Island officer

A three-judge panel of the 9th U.S. Circuit Court of Appeals is considering an appeal filed by the widow and girlfriend of a 34-year-old man shot and killed by a Big Island police officer.

The panel heard oral arguments Thursday in the appeal of a jury verdict in a wrongful-death case against police officer John Pagay. The jury ruled that Pagay was justified in the June 1998 shooting of Jon Webster Pavao. Pagay was never charged in the shooting and had been absolved of wrongdoing by a Hawai'i County Police Department internal affairs investigation.

Eric Seitz, attorney for the widow and girlfriend, told the appeals panel that Pagay ignored proper procedure and violated Pavao's constitutional rights by entering his home in response to a 911 call.

Hawai'i County counsel Joseph Kamelamela said the girlfriend's 14-year-old daughter opened the door for the officer, and that act constituted consent.

Pagay said Pavao was armed and that he feared Pavao was going to shoot him. The family has insisted that although Pavao had a gun, it was unloaded and he was not threatening any officer.


MAUI

Haleakala hike set for May 19

HALEAKALA NATIONAL PARK, Maui — Haleakala National Park and the Nature Conservancy are sponsoring a four-hour hike May 19 in the Waikamoi Preserve.

Hikers should meet at noon at the Hosmer Grove parking lot, and bring shoes with good traction, rain gear, a snack, water, sunscreen and binoculars.

For more information, call (808) 572-4400.