honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Friday, October 30, 2009

Kauai man strikes plea deal in killing of mother's boyfriend


By Paul Curtis
The Garden Island

LIHUE — A 24-year-old Kalaheo man accused in the fatal shooting of his mother’s boyfriend has pleaded guilty to a reduced charge but still could face life in prison when he is sentenced early next year.

Payton Rapozo pleaded guilty to felony manslaughter and felony weapons charges.
He was originally charged with second-degree murder in the October 2008 shooting death of 43-year-old Antonio Torres at a Kawaihau Road residence in Kapaa.
Torres had dated Rapozo’s mother, and Torres allegedly threatened Rapozo’s mother and other family members shortly before the shooting, Rapozo’s court-appointed attorney Nelson Goo said in court.
Rapozo, who is confined at Halawa Correctional Facility on Oahu, was on Kauai to complete his change-of-plea forms Thursday morning before 5th Circuit Judge Kathleen Watanabe.
Lori Wada, county first deputy prosecuting attorney, represented the state, but will be a state deputy attorney general when Rapozo is sentenced by Watanabe Jan. 20.
Rapozo also pleaded guilty to felony crimes of being a convicted felon in possession of a firearm or ammunition, and using a firearm and ammunition in commission of a felony.
Manslaughter is defined in state law as “recklessly” causing “the death of another person.”
Watanabe explained that Rapozo could still face a sentence of life in prison under an extended-term provision that allows judges to double sentences for multiple felony convictions.
But under the terms of a plea agreement, with prosecutors still free to argue for consecutive terms, a deal was struck that Watanabe does not have to abide by that sets a maximum recommended sentence of 20 years in counts one and two, with a 10-year mandatory minimum, and a 10-year term in count three, with a mandatory minimum term of six years, eight months.
The agreement includes revocation of Rapozo’s probation in a prior case of assault and terroristic threatening, Wada said, adding prosecutors expect to ask for a total of 30 years in prison for Rapozo at sentencing while Goo will ask for a 20-year term.
Rapozo said the change of pleas is due to the agreements made between Goo and Wada. “I agreed with all of this,” he told Watanabe.
In a written statement, Rapozo said, “I believe I am guilty,” and he said “yes” when Watanabe asked him if that was what he wrote.
Goo made a request that Rapozo be allowed to stay at Kauai Community Correctional Center in Wailua while awaiting sentencing, so his family could easily visit him, and to make it easier for Kauai-based officers to interview Rapozo for the purposes of preparing a pre-sentencing diagnostic report.
“He’s going to be going away for a long time,” Goo said of Rapozo.
Watanabe granted the request, contingent on state Department of Public Safety approval that having Rapozo on Kauai will not be a burden.