Posted on: Thursday, December 2, 2004
Judge lets parents confront son's killer
By Ken Kobayashi
Advertiser Courts Writer
For weeks, Laurie Victorino prepared to address the judge who would be sentencing her 17-year-old son's killer.
Victorino yesterday said the way she learned of the sentencing was "a cruel and evil awakening for us" and said the fact that the sentencing went on without her and Robert Rhoda Jr.'s father was a "betrayal of the justice system."
Circuit Judge Michael Town held a special hearing yesterday to give the parents a chance to address him and called the earlier sentencing without them "an honest and unfortunate mistake."
Both Victorino and the father, Robert Rhoda Sr., explained their feelings during an emotional hearing. Rhoda Jr. was shot in the chest at a Waikalani Woodlands apartment in Central O'ahu the afternoon of Dec. 5, 2001.
Williams could have gotten a maximum 20-year prison term, which is what the parents wanted, but city Deputy Prosecutor Russell Uehara and Williams' lawyer Myles Breiner agreed with the eight-year term, which was based on the Youthful Offender Act.
After yesterday's hearing, Victorino said she still felt betrayed. "We suffered tremendously because of their mistakes," she said. "I feel that someone should be held accountable."
Court personnel say this is the first time a judge has called another hearing to supplement a sentencing that had already occurred, but Town told the parents they had a right under state law to be heard at sentencing and apologized, saying he spent hours trying to figure out why the hearing had been moved up.
At the Nov. 8 sentencing, Town read letters the parents had written and asked if they should be there. "If it were my kid killed, I'd want to know what happened," he said.
But Uehara told him the family wasn't there and did not have to be there. He said he met with them "a number of times."
Uehara yesterday said he also thought the sentencing was for Nov. 10 before he was told the morning of Nov. 8 that he was wanted in Town's court.
He said he had been prepared for the sentencing and didn't mind moving forward.
Williams had earlier pleaded guilty to the reckless killing of Robert Rhoda Jr., whom he called his good friend. According to the court case, the two and two others were at the apartment as they drank beer and smoked marijuana. Williams maintained the gun accidentally went off.
Several relatives and supporters of the victim sat in the courtroom gallery yesterday, holding up photographs of the young Rhoda and a poster.
Robert Rhoda Sr., 63, a retired postal worker, told Town he's lost his only son. "Robert won't be coming back," he said. "I have to accept that."
He said he's heard conflicting accounts of what happened in the apartment. "I still have no idea what's going on," he said.
Victorino, 44, a branch manager for an employment company and a member of the merchant marine, was in tears as she expressed a mother's grief over the loss of a son.
She said when she got to the hospital, the body was already stiff. "His eyes were wide open as if to say, 'Mom, come here. I want to hug you.' "
She also addressed the handcuffed Williams standing only a few feet from her. She asked Williams if he was her son's friend, why did he wait an hour before calling 911 and then mislead authorities by saying Rhoda was the victim of a drive-by shooting.
Victorino told him her son would have given the shirt off his back to him. "In return for his actions of compassion, you put a bullet in his heart," she said.
"I want to forgive you, but you have to understand what you did caused so many lives so much pain and suffering," she said.
Williams told her there's nothing he can do to bring Rhoda back. "I apologize to the family for the accident that happened," he said. "He was a dear friend to me."
"So where do you go from here, Jared?" the mother asked.
"Only God knows," Williams replied.
Breiner told the family Williams has changed while awaiting trial in custody. He doesn't talk about himself, but about what he did and the consequences, including the impact on his friend's family, Breiner said.
"I assure you he will never forget and he will live with this for the rest of his life," Breiner said.
Town said he was sentencing Williams to the eight-year term yesterday and, as he did earlier, gave him credit for the three years he's already served behind bars. The judge also echoed remarks he made at the Nov. 8 sentencing. "When guns, drugs and youths get together, bad things happen," he said.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.