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The Honolulu Advertiser
Posted on: Monday, June 16, 2008

SAMARITANS
Deaths spur witness-response debate

By Kevin Dayton
Advertiser Big Island Bureau

Two Hawai'i Good Samaritans died this year while apparently trying to help crime victims and a third was knocked unconscious while attempting to stop a murder, a record that has sparked a debate about how witnesses to crimes are supposed to behave.

Honolulu Police Major Frank Fujii and Big Island Police Chief Lawrence Mahuna said there are no hard-and-fast rules that govern how people should respond when they witness an assault, robbery or other crime.

Police urge civilian witnesses to act as the "eyes and ears" for the police, and to call 911 if there is time, but Fujii said police understand events sometimes play out so quickly that people feel they have to intervene.

"We realize that oftentimes the citizens need to make split-second decisions," he said. "If at all possible and if time allows, we always encourage people to call us, call 911, because we're trained and equipped to deal with all types of situations. In these cases, you can never tell when what appears to be a benign situation will go dynamic."

However, Fujii stressed that police will not second-guess the actions of the two men who died.

"The two gentlemen really went above and beyond, and we appreciate their efforts, and our hearts do go out to the families," he said.

Steven Wilcox, 19, was stabbed to death on Sunday outside a bar in Kane'ohe. A witness told police that Wilcox was trying to prevent a violent domestic dispute. Glenn K.J. Keohokapu, 35, has been charged with second-degree murder in the case.

Last month, Ned Nakoa Jr., 58, was fatally beaten after he tried to keep two young men from stealing a tourist's purse in Waikiki, according to police and witnesses. Kelii Donovan Acasia, 19, has been charged with second-degree murder.

In January, a 69-year-old man was knocked unconscious when he tried to intervene as Alapeti S. Tunoa Jr. allegedly beat Janel Tupuola to death with the butt of a shotgun on a residential street in Kailua. Tunoa, 30, has been charged with second-degree murder, criminal property damage, assault and firearms offenses.

AVOID ARMED CRIMINALS

Big Island Police Chief Mahuna said he has no simple guidance for witnesses in such situations, but he encourages the public to get involved. There aren't enough police on the Big Island to be everywhere at once, he said.

However, Mahuna said, Good Samaritans need to very aware of extra risk factors such as incidents involving domestic violence, or cases where drugs, alcohol and weapons are involved. Some situations are too volatile for civilians to intervene, and Mahuna said that always applies when weapons are involved.

"Whether that be a knife or a two-by-four or a bat, you are taking, I think, an inordinate amount of risk," he said. "I would probably stay away from something like that and just wait for the police to arrive. Having two victims doesn't help much, and it surely is not helping that family of the 19-year-old boy.

"He died with honor and courage, but death is death, and he still had a whole bunch of living to do. I hate to see someone so young and so brave be taken away over something that probably, when police arrived, could have been mitigated," Mahuna said.

The death of Wilcox in the midst of an argument between a married couple prompted hundreds of comments on honoluluadvertiser.com forums.

One person, identified online as "kahoku61" said, "I've had a history of domestic violence and understand that it is an act of sheer violence. My experience has shown that the abuser does not care who they hurt. The abuser is in a state of rage. Now, add alcohol and/or drugs and you're left with a person that has no sense of reality. If you add a weapon to this madness, then someone will get hurt badly or killed.

"In my opinion, the best way to help is to immediately call 911. There might be a time when you might have an opportunity to intervene, but do you feel lucky?"

BRAVERY HONORED

Big Island police honored seven people in recent years for intervening in violent confrontations, including four men who helped a police officer who was attacked, and three others who intervened in a stabbing. In the stabbing case in Kona, onlookers chased the stabbing suspect, and one man disarmed the suspect and held him until police arrived.

Mahuna said that incident probably turned out well because three onlookers worked together, which reduced the risk to all of them. "Acts of bravery like that, it's sometimes spontaneous and it happens so quickly, and people react in an efficient and law abiding manner," he said.

LAWMAKER'S BILL FAILED

State Sen. Fred Hemmings, R-25th (Kailua, Waimanalo, Portlock, Hawai'i Kai), said he is disturbed by the three incidents. The injury to the elderly man who tried to stop the Tupuola slaying in Kailua prompted Hemmings to introduce a measure to allow the courts to impose extended prison terms for criminals who injure Good Samaritans.

The bill failed to pass, and Hemmings said he is hearing from growing numbers of angry constituents who feel they need to take action themselves. He said the problem is Hawai'i lacks the strict sentencing laws that would protect the public by keeping repeat felons in prison longer. All three murder suspects in the Good Samaritan crimes had previous criminal convictions.

"It's getting to be a real bad situation here in Hawai'i," Hemmings said. "I feel the same way. If some person's being beaten to death by a violent criminal, a Good Samaritan's going to have to intervene to save the person's life, and they're going to have to intervene quite harshly.

"If you do intervene, you have to take the person who's committing the murder or the crime, you have to take them out. You can't afford to wait and ask them, 'Is your intent to kill or are you going to kill me?' You've got to take them out," he said.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.