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Two sentenced in polo field assault

October 3, 2010
The Maui News

WAILUKU - Two brothers were sentenced to jail terms Friday for assaulting a man who was knocked unconscious and suffered broken facial bones in the beating at an Upcountry polo field last year.

William Kaiewa Manoa, 22, and Edward Kaekoa Manoa, 20, also were placed on five years' probation.

The sentences were less than the five-year prison terms sought by the prosecution and victim Kaimi Konaaihele, who is related to the Manoa family.

"Since this happened a year ago, there's been no remorse, and there's no taking of responsibility by any of the defendants," Konaaihele said in court Friday. "In fact, there's been the opposite.

"I feel menacing glares every time I come across them. I feel they would probably do it again if they had a chance."

Konaaihele and his wife, Ceci, had asked 2nd Circuit Judge Joel August to impose the maximum sentence of five years in prison for the brothers' second-degree assault convictions.

"They almost killed my husband," she said. "This could have been a murder trial."

In August, a jury found both brothers guilty of the felony assault charge, while acquitting their father, William Kawika Manoa Sr., 40, of Makawao, who also was charged.

The beating occurred June 28, 2009, after Konaaihele went to congratulate the father on the last day of the polo season. Shortly afterward, Konaaihele said he was in a tent getting food when Edward Kaekoa Manoa tapped him on the shoulder and said he wanted to talk to Konaaihele.

He was walking outside when he was punched in the back of the skull, stumbling forward. Konaaihele testified he saw the Manoa father and two sons, as well as another son, William Kawika Manoa Jr., who was a juvenile at the time.

Konaaihele reported being hit all over his body and falling to the ground before others pulled the attackers off him.

Konaaihele testified that he was in another area of the field when Edward Manoa again approached, saying, "You want more, you want more?" Konaaihele said he saw the other three Manoas moving toward him.

Konaaihele was kicked, punched and stomped on until he was unconscious.

"He didn't know if he was going to live or die," Deputy Prosecutor Carson Tani said.

In arguing for prison terms for the brothers, Tani said Konaaihele's life was probably saved by Bryan Lustig-Thurman, Lee Okazaki and Alex Santiago, who intervened to stop the beating.

"They all said when they saw Kaimi on the ground, they didn't even recognize him, he was beaten so badly," Tani said.

Konaaihele's face was swollen, and he suffered a fractured eye orbital and fractured nasal bone.

"Sometimes there are crimes that are so violent and so cruel that they deserve prison," Tani said. "When Kaimi was on the ground, defenseless, unconscious, alone, they didn't stop. They kept kicking him."

Tani said there was no clear reason the brothers beat Konaaihele, who had loaned his polo horse to the Manoa family a week earlier.

"I don't know why they feel this way. I treated them like family," Konaaihele said. "The only thing I've ever done to them is support them, love them and treat them like my brothers.

"I've done a lot of good, positive things for them. In response, they put me in the hospital. They could have ended my life."

Defense attorneys Jon Apo, representing William Kaiewa Manoa, and Joseph Rome, representing Edward Kaekoa Manoa, asked for probation for the brothers so they could have a chance to prove themselves.

"I just want to apologize to the people I hurt in this case," William Kaiewa Manoa said in court.

Rome said Edward Kaekoa Manoa wanted to be able to see his 2-month-old sister grow up.

August said alcohol consumption was a common denominator on the day of the assault. "There was evidence that everybody had been drinking heavily that day," he said. "It is not unusual that where a lot of alcohol is being consumed, there is a significant amount of violence which, unfortunately, occurs."

While acknowledging that victims may want the maximum punishment, August said he considers what sentence will minimize the risk that a defendant will commit another crime.

The judge said he agreed with probation department recommendations of probation for both brothers. If they follow court requirements, "both of these defendants have the potential to gain discipline . . . to not be involved in the criminal justice system again," August said.

He said that if the brothers were sent to prison, they would be around bad influences. "It is not going to be good for this community to have them come back, given who they are going to be exposed to," August said.

He sentenced William Kaiewa Manoa to an 11-month jail term and gave him credit for nearly seven months he has already served. Another one month of jail was suspended.

Edward Kaekoa Manoa was ordered to turn himself in Friday afternoon to begin serving a two-month jail term, with another two months of jail suspended.

Both brothers were ordered not to consume alcohol or illegal drugs and not to possess firearms or ammunition. Both also were ordered to complete an anger management program and undergo mental health treatment.

August ordered the Manoas to have no contact with Konaaihele and his family and to write a letter apologizing to him if the defendants do not appeal their convictions.

 
 

 

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