Posted at 12:10 p.m., Wednesday, August 8, 2007
Maui man who shot friend dead gets 2nd life sentence
By LILA FUJIMOTO
The Maui News
Second Circuit Judge Joseph Cardoza imposed the sentence yesterday after Henneman pleaded no contest to second-degree murder, rather than face another trial on the charge.
Following a plea agreement between the defense and prosecution, Cardoza set a mandatory-minimum term of 15 years for Henneman for using a firearm to commit the murder.
Because he has been incarcerated for most of the time since his arrest shortly after the shooting on Aug. 18, 1991, the 57-year-old would be eligible for parole in little more than a year.
"I would encourage him to seek treatment for his drug issues," Deputy Prosecutor Melinda Mendes said during the sentencing hearing. "I think that will go a long way toward him being successful on parole."
She also recommended anger-management treatment for Henneman.
According to testimony during his trial earlier this year, Henneman and David Gibbins had been drinking alcohol before an argument turned physical the night of the shooting. The two were among a group of friends on a fishing and camping trip at the remote coastal site near Kaupo.
Witnesses said Henneman went to his girlfriend's van and loaded his AR-15 assault rifle, firing one shot from nearly 86 feet away that struck Gibbins. The 40-year-old Makawao resident, who was a paramedic and father of two, was dead by the time police and medics reached the remote location.
Jurors found Henneman guilty of using a firearm in the commission of a felony but couldn't reach agreement on a verdict on the murder charge.
Henneman had testified that he shot in self-defense as Gibbins advanced while holding a large shovel. But in court yesterday, Henneman said he wanted to forgo another trial to take advantage of the plea agreement that could lead to his release on parole after Dec. 12, 2008.
Mendes and Henneman's attorney Keith Shigetomi met with the Hawaii Paroling Authority, which agreed to set Henneman's minimum term at 15 years, according to the plea agreement.
"They have told us we can rely upon that," Shigetomi said. "There is no promise that he will be paroled at 15 years."
After Henneman has completed the minimum term of 15 years, the parole board would review his case and decide whether to release him from prison, Shigetomi said.
"Whether or not he is paroled at that point obviously depends upon what he does from here till then," Shigetomi said.
Yesterday's hearing was the second time Henneman pleaded no contest to second-degree murder in the case. On April 30, 1992, he was sentenced to life in prison with the possibility of parole on the charge.
But he was allowed to withdraw his plea in 2004 after he had been incarcerated for nearly 13 years. A judge ruled that Henneman's attorney at the time had given him wrong advice about the sentence he faced when he entered the no-contest plea.
Before again pleading no contest yesterday, Henneman said he wanted to be assured the prosecution would follow the plea agreement.
"My only concern is if I accept this as it is, when my parole does come up, is the state going to come and argue against my parole?" Henneman asked.
Mendes said the prosecution agreed to recommend the 15-year minimum term for Henneman to the parole board.
"Are you absolutely certain you want to enter a plea of no contest to count one, murder in the second degree?" the judge asked Henneman.
"Yes," he replied.
Cardoza ordered that the rifle Henneman used in the shooting be forfeited to the state and also ordered that he pay $3,187 in restitution for Gibbins' funeral and burial expenses.
After the sentencing, Mendes said Gibbins' family supported the plea agreement.
"Although you can never have real closure, hopefully this puts an end to this and the family can rest assured that this is finally over," she said.
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