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The Honolulu Advertiser
Posted on: Saturday, September 15, 2007

Beaten Hawaii couple approved plea deal

Photo galleryPhoto gallery: Closure in Waikele case
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By Peter Boylan
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

In court yesterday, Gerald D. Pa‘akaula pleaded guilty to assault charges stemming from a Feb. 19 incident in Waikele. His wife, Joreen, seated near him, wept.

Photos by RICHARD AMBO | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

As Gerald D. Pa‘akaula consoled his wife, Joreen, after yesterday’s proceedings, attorney Todd Eddins addressed the media on the family’s behalf, saying that Pa‘akaula was taking responsibility of his actions.

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Admitting that he assaulted an Army man and his wife during an altercation that began with a fender-bender at Waikele Shopping Center earlier this year, Gerald D. Pa'akaula agreed yesterday to serve five years in prison.

However, prosecutors — with the approval of the couple who were beaten — agreed to recommend to the Hawai'i paroling authority that Pa'akaula serve two years and then be released on parole.

Pa'akaula, 44, pleaded guilty to one count of second-degree assault and one count of third-degree assault. Second-degree assault carries a five-year prison term. Third-degree assault is a misdemeanor.

Deputy city prosecutor Franklin Pacarro Jr. said he consulted with Andrew Dussell and his wife, Dawn, before offering the plea agreement and received their endorsement.

"He pleaded guilty, he wasn't forced, he's going to get a five-year jail sentence and the paroling authority will decide his fate," said Pacarro, speaking outside of court yesterday.

In a statement released through the city prosecutor's office yesterday, Andrew Dussell, an Army staff sergeant who served two tours of duty in Iraq, said: "I am very pleased with the outcome of this case. I want to thank the Hawai'i justice system for bringing a speedy end to this case.

"This has been a very emotional experience for my family and me. We now wish to move forward and put this incident behind us. I would like to thank everyone who has supported us through this difficult time. I wish to say that I know this incident is the result of a few individuals and is not indicative of the good people of Hawai'i."

A police affidavit filed in support of Pa'akaula's arrest states Andrew Dussell, 26 at the time of the assault, suffered facial fractures and a concussion from the beating. The affidavit stated Dawn Dussell, 23 at the time of the beating and a nursing student at Hawai'i Pacific University, suffered facial fractures, a wrist fracture and a concussion.

Yesterday Pacarro said the Dussells are fully recovered from their injuries.

Pa'akaula changed his original not-guilty plea to avoid "putting his family through the rigors of a trial and avoid putting the Dussells through the rigors of a trial," said his attorney, Todd Eddins.

"Today a humble, hard-working, shirt-off-his-back type guy decided to take responsibility for his actions. He acknowledged what he did was wrong," said Eddins, speaking outside of court while Pa'akaula and his wife, Joreen, stood behind him, embracing. "He hit each of the victims one time and he was unable to harness his emotions after seeing his wife bloodied on the ground."

SENTENCING DEC. 2

The Pa'akaulas declined to answer questions after yesterday's proceedings. Joreen Pa'akaula said "thank you" before walking off with her husband.

Sentencing is set for 10:30 a.m. Dec. 2 before Judge Steven S. Alm.

The Feb. 19 incident in the shopping center parking lot began as a minor vehicle accident that quickly escalated.

Dussell's Dodge Durango accidentally hit Pa'akaula's green Chevrolet while attempting to pull into a parking stall next to it, according to the police affidavit.

Pa'akaula's juvenile son, "extremely angry that his vehicle had been struck," stepped out of the Chevy and began yelling obscenities toward Andrew Dussell, who was the driver, while kicking the driver-side door, according to the police affidavit. The police affidavit stated the son called Dussell a "f------ haole."

Dawn Dussell got out of the car, confronted the teen and attempted to push him away from the vehicle, the affidavit said.

Joreen Pa'akaula then intervened and "initiated a physical altercation with" Dawn Dussell, it said. Joreen Pa'akaula was never charged with a crime.

It was during this contact between the two women that Joreen Pa'akaula was "bloodied," according to Eddins. That information is not contained in the police affidavit.

Gerald Pa'akaula then punched Dawn Dussell in the face, picked her up and slammed her to the asphalt, the affidavit said. Andrew Dussell got out of the car and was punched in the throat by Gerald Pa'akaula, it said. Dussell fell to the ground, and while on the ground, he was kicked by Pa'akaula's son, it said.

The younger Pa'akaula was charged in Family Court and sentenced to a year in a youth detention facility.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.