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The Honolulu Advertiser
Posted on: Saturday, June 27, 2009

Man found guilty in beating


By Curtis Lum
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Pulumata'ala Eli

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A 34-year-old homeless man charged with attempted murder after his 7-month-old daughter was severely beaten was found guilty yesterday of the lesser crime of attempted manslaughter.

A Circuit Court jury deliberated for about two days before finding Pulumata'ala Eli guilty. An attempted manslaughter conviction carries a maximum sentence of 20 years in prison, but prosecutors said they will seek an enhanced sentence of life with the possibility of parole because they believe Eli to be a danger to the community.

Eli's daughter, Alice, suffered serious injuries in the incident and was left severely disabled.

Eli originally was charged with one count of second-degree attempted murder, which carries a mandatory term of life in prison with the possibility of parole. He was accused of beating his daughter in their van as it was parked at Ala Moana Beach Park on Oct. 24, 2007.

At trial, Deputy Prosecutor Jeen Kwak said Eli, Alice and her mother, Sarah Fuller, were living in the van and arguing when Alice began to cry. Kwak said Eli grabbed the baby out of her car seat and threw her toward the back of the vehicle.

Eli was accused of reaching back, grabbing the child again and throwing her a second time. He then threw a child safety seat on top of her, Kwak said. He picked up the child again, but Fuller realized that Alice had stopped breathing.

In his opening argument, Bettencourt told the jury that what Eli did may have been a crime, but that it was never Eli's intent to kill the girl.

Eli has been arrested 22 times and has 12 prior criminal convictions, including assault and firearm offenses. He also is scheduled to go to trial in December on a second-degree assault charge.

Prosecutors said Eli already qualifies for an extended prison term because of the young age of the victim.

David Bettencourt, Eli's attorney, declined comment because the case is ongoing.

The same jury that found Eli guilty will be called back to court Nov. 2 to hear the prosecution's request to extend Eli's sentence. A state law allows a jury to impose longer sentences for "persistent offenders," although trial Judge Randal Lee will not be required to impose the enhanced sentence on Eli.

Hawai'i law defines attempted murder as when a person intentionally or knowingly tries to cause the death of another person, while a person commits attempted manslaughter if he or she commits a reckless act that could cause the death of another person.