honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Tuesday, May 18, 2004

Teenage burglar gets 11 life terms in shooting, rape

By Vicki Viotti
Advertiser Staff Writer

Eighteen-year-old Miti Maugaotega Jr. received what authorities say is the lengthiest prison sentence ever imposed by the state, for shooting a Punchbowl man at point-blank range and for 21 other felonies.

Miti Maugaotega Jr., 18, will be in his late 60s before he would be able to get out of prison.

Deborah Booker • The Honolulu Advertiser

He will be in his late 60s before he could get out of prison.

Circuit Court Judge Patrick Border sentenced Maugaotega yesterday to life without parole for the attempted murder of Eric Kawamoto during a June 26 burglary at his home. The judge also gave the teenager 10 other life terms with the chance of parole for 10 other convictions in four other break-ins that included sexually assaulting a 55-year-old woman, and robbery and firearm offenses.

The bottom line, said Prosecutor Peter Carlisle, is that Maugaotega will have to spend at least 50 years in prison.

Maugaotega, 17 when the crimes were committed, will have the chance after spending 20 years in prison of petitioning the governor to commute the life-without-parole sentence to life with parole. But even if his sentence is commuted, he still must serve 30 more years before he is eligible for parole.

During the hearing, Kawamoto gave a statement in which he said Maugaotega showed "incredible selfishness."

"The selfishness he has is not an easy trait to change," he said. "That's why I believe if released after a minimum term, he will continue to feed that selfishness. He will return to hurting others to take what he wants."

Miti Maugaotega Jr. Sentencing

Miti Maugaotega Jr. was sentenced for five separate criminal cases, and in each case there was more than one conviction. He received a sentence for each of those convictions, but Judge Patrick Border ruled that the multiple sentences within each case can be served at the same time.

However, the sentences for the five cases must be served one at a time. Border also ordered Maugaotega to serve at least 50 years before he is eligible for parole.

For breaking into Eric Kawamoto's Punchbowl home and shooting him June 26, he received:

• Life without parole for attempted second-degree murder.

• Three life terms with the chance of parole for two firearms charges and for first-degree robbery.

• 20 years each for a third firearms charge and for first-degree burglary.

• Three 10-year terms for three drug charges.

For breaking into separate Nu'uanu homes on May 23 and 28, he received 20 years for first-degree burglary for each break-in.

For breaking into a third Nu'uanu home June 16, he received:

• Three life terms with the chance of parole for the first-degree robbery of two victims and a firearms charge.

• 20 years for first-degree burglary.

For breaking into a Makiki home June 23, he received:

• Four life terms with a chance of parole for two counts of sexually assaulting a 55-year-old woman, first-degree robbery and a firearms charge.

• 20 years for first-degree burglary.

• 10 years for second-degree assault.

For possessing a "shank" — a potentially lethal, handmade, sharpened object — while at the Hawai'i Youth Correctional Facility Aug. 17, he received:

• 20 years, for first-degree promoting prison contraband.

Upon entering the courtroom, Maugaotega gave a smiling acknowledgment to his mother and sister, sitting in the back row. Both Maugaotega and his sister quietly offered the family's apology to the victims.

"I want to apologize to Mr. Kawamoto and his family ... I just want to say I'm sorry," Maugaotega said.

But Border granted Carlisle's requests to lengthen the normal prison terms for the crimes because he committed so many of them. The judge also ordered that Maugaotega serve consecutive sentences in the burglary cases and a fifth case involving Maugaotega's having contraband in prison.

Maugaotega stood quietly with his head down as Border pronounced sentence, but wiped away tears earlier when the judge denied him a new trial in the Punchbowl shooting case.

Maugaotega's attorney, Deputy Public Defender Walter Rodby, did not return calls for comment yesterday.

The shooting of Kawamoto in his own home in broad daylight sent shock waves though the Punchbowl neighborhood and left neighbors uncertain of their safety. Carlisle held a news conference after the shooting and said the incident was emblematic of a property crime epidemic on O'ahu, one fueled by drug use.

Days after a jury convicted him in the Punchbowl case in March, Maugaotega pleaded no contest to four other burglaries in May and June and possessing a "shank" at the Hawai'i Youth Correctional Facility in August.

Colin Fukunaga, acting administrator of the Hawai'i Paroling Authority, yesterday confirmed that there is no longer sentence on record than the sentence given Maugaotega, not even the life without parole given Byran Uyesugi for gunning down seven fellow Xerox co-workers in 1999.

In handing down the sentence, Border said Maugaotega showed "total disregard to the rights of others" in his month-long crime spree that became increasingly violent. Additionally, Border said the "structured environment" of prison could insulate Maugaotega from the drug abuse that may have contributed to the crimes.

"Prison literally represents a safer environment for him than the street," the judge said.

Carlisle said the most shocking element was Maugaotega's capacity for escalating violence. "It's hard to believe that one human being could create such misery in such a short time, regardless of their age," he said.

Carlisle also said that, with good behavior and a commutation by the governor, Maugaotega might not end up serving for the rest of his life, whereas Uyesugi, 44, undoubtedly would.

"I don't think there's any likelihood that Uyesugi will ever ever see daylight again, but I don't think that's necessarily true with Maugaotega," he said. "There is a chance that there will be some light at the end of a very, very long tunnel."

In asking for a new trial, Rodby argued that the jury harbored prejudice against his client because he was being tried as adult. The defense lawyer presented a taped news interview of a juror saying that the referral of the case to Circuit Court factored into the conviction. The juror said "there must have been a reason for him being here instead of Family Court."

Border, who took over the sentencing because trial judge Marie Milks retired, ruled that the issue of Maugaotega's youth actually was one raised by the defense as part of its own strategy to characterize the shooting as accidental.

Border also denied a motion that he recuse himself on the basis that he is godfather to one of Carlisle's sons, saying that he sees the boy only infrequently.

During the hearing, the 55-year-old woman whom Maugaotega had pistol whipped and raped told the judge she still can't sleep through the night. "I just want you to know that my life has been changed forever," she said. "Waking up in your own home, being attacked by a young man waving a gun who beats me up, that's not the way to go."

Border also heard from Kawamoto's wife, Leslie, a Honolulu Advertiser employee, who began her prepared testimony by addressing Maugaotega. "That day was pure hell for me and my family, from the shock of hearing that he'd been shot and then not knowing if he was going to live or die," she said. "That day lasted an eternity."

Eric Kawamoto said after the sentencing that Border's decision gave the victims "closure."

"I'm glad he got what he got," he said.

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.