Gerald D. Pa'akaula, convicted of assaulting a military couple in the Waikele Shopping Center parking lot in February, was sentenced to five years in prison yesterday, but prosecutors will recommend that he be eligible for parole in two years.

The case had racial overtones because Pa'akaula and his son, a juvenile now serving a 1-year term in the Youth Correctional Facility, both uttered the phrase "f.... haole" during the course of the altercation, which began as a minor fender-bender.

Prosecutors declined to charge the case as a hate crime because it was motivated by "road rage" rather than race.

But Circuit Judge Steven Alm noted that race relations in Hawai'i are in "fragile and delicate balance" and told Pa'akaula "what happened that day did not help."

And Alm pointed out that he had already sentenced Pa'akaula to a two-week stay in jail in 2002 after he was convicted of assaulting his son.

"You did very well on probation, and I terminated your probation early," Alm said.

"Now five years later we are here with this case," Alm said.

He said he had received more than 40 letters of support from friends, co-workers, family members and others who called Pa'akaula a humble, generous and hard-working family man.

But Pa'akaula's "violent side" took over when he emerged from a Waikele ice cream shop and found his wife and son involved in "a physical tussle" with Andrew and Dawn Dussell, Alm said.

"You could have stopped it right there," the judge said.

Pa'akaula struck Dawn Dussell in the face and threw her down.

"There's no excuse for that," Alm said.

The defendant also admitted to hitting Andrew Dussell once. Dussell was also kicked by the younger Pa'akaula.

Todd Eddins, lawyer for the defendant, said Pa'akaula has written a letter of apology to the Dussells and "sincerely and deeply regrets what happened."

"He has accepted responsibility and acknowledged wrongdoing," Eddins said.

The incident was not racially motivated, said Eddins. Pa'akaula, who is half-Caucasian, "was unable to curb his emotions" and "felt the need to protect himself and his family," said the lawyer.

And he said that Andrew Dussell's father believes there was no racial motivation in the case.

The Dussells did not appear at the sentencing yesterday.

Deputy Prosecuting Attorney Franklin Pacarro Jr. said the Dussells "want to move on with their lives" and plan to continue living in Hawai'i.

"They want to stay here. They want to live here," Pacarro said.

Pacarro said the message of the case to the public is violence is not a solution.

"People are continually doing this. Road rage (cases), in bars, at sporting events, it has to stop. The court is not going to stand for violence," he said.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.