Weekend jail for shrapnel bombing
Photo gallery: Fireworks sentence |
By Jim Dooley
Advertiser Staff Writer
In a sentence that left the victim weeping and a prosecutor shaking his head, Circuit Judge Richard Perkins ordered two men to spend weekends in jail for setting off an illegal New Year's explosive device in 2005 that blew metal shrapnel into the hand of an 11-year-old girl.
Perkins ordered Joelson Ea, 37, to serve 12 consecutive weekends in jail and complete 250 hours of community service.
Marc Bantolina, 39, was sentenced to two weekends in jail and 100 hours of community service. Ea and Bantolina, who are brothers-in-law, will also serve five years of probation.
In an agreement reached with prosecutors, Ea pleaded guilty earlier this year to second-degree assault, reckless endangering and criminal property damage.
Bantolina pleaded no contest to a single count of reckless endangerment.
Their victim, Cydnee Somera, now 15, tearfully said outside court, "I think they deserved a lot more jail time."
Her father, Sidney Somera, said he didn't think the sentence "will really be a deterrent" for similar conduct by others in New Year's Eve and Fourth of July celebrations. Deputy prosecutor Franklin Pacarro said, "We were requesting more jail time than they were given."
Pacarro doubted that the sentence will deter individuals who set off illegal fireworks "that turn our community into a war zone" every Jan. 1 and July 4.
Pacarro said Cydnee Somera has recovered from her injuries and is playing sports and living a normal life but only after numerous surgeries were required to repair her injured hand.
Bantolina and Ea both apologized to her and her family and acknowledged the stupidity of what they had done.
"I'm embarrassed, I'm shamed for what I've done," Ea said in court.
"I'm sorry for the Somera family," said Bantolina.
In sentencing the defendants, Perkins said he was convinced they "never intended" to harm anyone and that they are unlikely to commit new crimes.
Speaking to the Someras, Perkins said, "I don't mean to diminish what you feel toward the defendants, but the court is not too worried about them committing any crimes in the future."
But the offenses "require a jail term" as a message of deterrence to the public, the judge said.
Each man must report to jail the evening of Jan. 2, 2009, to complete his first weekend behind bars, the judge said.
Their community service work must be completed between May 2009 and May 2011.
They must jointly pay $1,181 in restitution, Perkins ordered.
The Someras were also paid undisclosed amounts from the defendants' insurance policies.
Cydnee Somera said she spent a week in the hospital and underwent multiple surgeries to repair damage to her left hand.
The defendants claimed they were trying to make an aerial firework, but prosecutor Pacarro said they assembled an "improvised explosive device — the things that are killing our soldiers in Iraq now."
They placed a balloon filled with acetylene gas in a metal bucket filled with sand and weighted down with a piece of a barbell, the prosecutor said.
It exploded on a residential street in 'Aiea shortly after midnight on Jan. 1, 2005, spraying shrapnel into cars on the road.
"The idiot factor in this case is high," Pacarro said when the men signed their plea deals.
Reach Jim Dooley at jdooley@honoluluadvertiser.com.