honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Saturday, October 29, 2005

Man guilty of attacking officer

By Curtis Lum
Advertiser Staff Writer

A Honolulu jury yesterday found a 43-year-old man guilty of running over and trying to kill police Officer Jeffrey Omai last December in Kalihi.

The Circuit Court jury deliberated for about five hours over two days before finding Daniel Vesper III guilty of one count of first-degree attempted murder. Vesper faces a mandatory term of life in prison without the possibility of parole when he is sentenced by Circuit Judge Virginia Crandall Jan. 9.

In a written statement, Police Chief Boisse Correa said he was "extremely satisfied" with the jury's decision and that it "sends a clear and strong message that our community will not tolerate attacks on its police officers."

"Mr. Vesper is an extremely violent individual who was being sought because he posed a danger to others, and this conviction ensures that he will not have the opportunity to harm any innocent people again," he said.

Deputy Prosecutor Chris Van Marter echoed Correa's sentiment. "The verdict sends a very clear message, and that is if you hurt a police officer, you're gonna go to prison for the rest of your life," Van Marter said.

Jeffrey Hawk, Vesper's attorney, said he was disappointed but not surprised with the verdict, and plans to file an appeal.

"Both sides had strong arguments, and the jury went with the state rather than the defense. We think they got it wrong, but in the end it's up to the jury," Hawk said.

Omai, 38, was critically injured when he was run over by a van driven by Vesper Dec. 2 while Omai and six other police officers attempted to arrest Vesper in a parking lot at Honolulu Community College. Vesper was wanted on suspicion of robbery, criminal property damage and unauthorized control of a propelled vehicle.

The defense contended that Vesper didn't know that Omai and the other men were police officers, because they weren't in uniform as they approached Vesper's van. Hawk argued that Vesper never intended to kill Omai and that while his actions were "sheer stupidity," he should have been convicted of a lesser charge of second-degree assault, which carries a maximum five-year term.

But juror Jack Wiers said Vesper had to know that the men were police officers. He said the prosecution showed that one of the officers wore an HPD T-shirt and all of them displayed guns, badges and other police equipment.

"Once he engaged that car at an accelerated speed, he understood that lives were being put in danger and that somebody could be killed," Wiers said. "Once we took it back to that point, then we were able to build a consensus."

Although Vesper could be sentenced to life without parole, state law requires that after 20 years a request be sent to the governor asking that the sentence be commuted to life with the possibility of parole. If that request is granted, the Hawai'i Paroling Authority will decide whether to parole Vesper, Van Marter said.

Before the trial began, Vesper pleaded guilty to two counts of robbery and one count of unauthorized control of a propelled vehicle. He will be sentenced on these charges Jan. 9.

Vesper also is facing a drug charge after prosecutors said he was found with methamphetamine and drug paraphernalia when he was arrested in the Omai case.

In an unrelated case, Vesper is charged with criminal property damage and unauthorized control of a propelled vehicle.

Reach Curtis Lum at culum@honoluluadvertiser.com.