Updated at 5:37 p.m., Thursday, March 15, 2007
Man indicted in Waikele Center beating
By KEN KOBAYASHI
Advertiser Courts Writer
Gerald D. Paakaula was charged with two counts of second-degree assault, each of which carries a maximum five-year prison term.
Paakaula was free after posting $20,000 bail, but Circuit Judge Derrick Chan granted the prosecution's request to increase the amount to $50,000. The judge approved a warrant for the re-arrest of Paakaula, who would have to post the higher bail amount to get released again.
City Deputy Prosecutor Franklin Pacarro Jr. told the judge that Paakaula punched Dawn Dussell in the face and slammed her to the ground, causing her to lose consciousness. He also punched the husband, Andrew Dussell, who is in the Army, in the head and face and kicked him while he was on the ground, Pacarro said.
Paakaula's 16-year-old son was also arrested in the assault case. His case is being handled in confidential proceedings in Family Court because he is a juvenile.
A police affidavit filed in the case said the son uttered the words "f-----haole" during the assault, but Pacarro said Paakaula was not indicted on a hate crime charge because the couple was not targeted because of their race.
The assault occurred after the Dussells' car hit the Paakaulas' car in the parking lot, according to police.
The hate crime prosecution would have doubled the maximum sentence for each second-degree assault charge to 10 years in prison.
Chan also granted Pacarro's request for a court order directing Paakaula not to contact the victims or witnesses. Pacarro said the victims fear retaliation.
Paakaula will be arraigned on the charges later. At that time, he is expected to plead not guilty and get a trial date for his charges.