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Man convicted of assault in attack that left man paralyzed

He faced a lesser charge after judge found evidence did not support attempted murder

WAILUKU — A man who had been charged with attempted murder was convicted of a lesser assault charge for his role in an attack that left a man paralyzed five years ago.

Chad Valoroso, 58, of Haiku was found guilty of third-degree assault, a misdemeanor, for hitting Ronald Bonilla Jr. while he was sitting at a table in a pavilion at Hookipa Beach Park in Paia the afternoon of Aug. 24, 2017.

Second Circuit Judge Peter Cahill delivered the verdict Monday in the nonjury trial. He found that the prosecution hadn’t proven charges of attempted murder, first-degree assault and second-degree assault beyond a reasonable doubt.

During the trial that began Oct. 25, Cahill heard testimony from five witnesses, including Bonilla, two police officers and two doctors.

Bonilla, 51, testified he took a 12-pack of beer to the park that day and went to a pavilion where he saw and talked briefly with Jeffrey Aweau, who is an acquaintance. Bonilla said he was drinking a beer before getting up and going to another pavilion, then returning to find the beer gone along with Aweau. 

After seeing Aweau in the parking lot with Valoroso, Bonilla said he walked over to ask Aweau what happened to the beer. Aweau said he didn’t know.

Valoroso was “mouthing off” and punched Bonilla in the face, he said.

Bonilla said he walked away and went back to a pavilion, where there was a surfer who offered to go to the store and get beer for Bonilla.

When the surfer returned with the beer, Bonilla said he went to another pavilion and was listening to music on his phone and relaxing.

“It was a while, but then eventually I see somebody approach from the side and it’s Chad,” Bonilla said. “He takes a pot shot and punches me in the face again. He sneaks up on me and punches me.”

Bonilla said he was having trouble getting his feet clear of the seat and blocked punches from Valoroso.

“Finally, I let go a couple of punches and he went down,” Bonilla said. “I stopped because I thought the threat was over.”

Then he said Valoroso’s brother, Randal Valoroso, jumped on Bonilla’s back and had his hand around Bonilla’s neck. The two were struggling when Aweau grabbed Bonilla’s legs, he said.

“We all fell down,” Bonilla said. “I heard my neck break because it was so loud.”

Bonilla said he couldn’t feel his arms and legs when he saw Chad Valoroso running over.

“I thought he was going to help me,” Bonilla said. “He said, ‘I’m going to kill you … ‘ He kicks me right in the head.”

Bonilla said Chad Valoroso kicked him in the head a couple of times before his brother kicked and stomped on Bonilla’s head.

Aweau kicked Bonilla on his left side, he said. Then, “Chad tells his brother, ‘Let’s throw his a– in my truck. I’ll get rid of this motherf—–,’ ” Bonilla said. “They start to drag me towards the left entrance.”

He said surfers stepped in and the brothers released Bonilla, who was helped by lifeguards before being transported to Maui Memorial Medical Center.

Police arrested Chad Valoroso about four hours later at his residence. 

In a recorded interview with detectives that night at the Wailuku Police Station, Valoroso said he was punched and slapped by Bonilla.

“I said, ‘Nuff already, no make like that,’ “ Valoroso said. He said his tooth was knocked out and he had a cut on his lip and a knot on the back of his head.

Valoroso said he “went unconscious” after he was hit by Bonilla, fell backward and “banged my head.”

When he regained consciousness, Valoroso said he walked to his truck and saw Bonilla sitting by a fire pit.

In closing arguments Monday, Deputy Prosecutor Carson Tani said that based on doctors’ testimony, it would have been impossible for Bonilla to have been sitting after he suffered a fracture of his C5 and C6 vertebrae that left him paralyzed from below his arms. Tani said that in his statement, Valoroso was “trying to distance himself and protect his brother from any involvement in this case.”

Defense attorney Jon Apo argued that the prosecution hadn’t proved the charges.

“This has been a presumption of guilt to fit a narrative from the very start for five years now,” Apo said.

While there was no dispute that Bonilla “suffered a catastrophic injury,” Judge Cahill said there wasn’t testimony about injuries to Bonilla’s face or head or ribs from being kicked or dragged, as he testified. Cahill said it wasn’t credible that Bonilla would have been saying things to the Valoroso brothers and Aweau while injured on the ground, noting Bonilla was intubated and placed on a ventilator when he was taken to the hospital.

“I don’t think he was intentionally trying to mislead anyone including me,” Cahill said. “I believe Mr. Bonilla believes what he said. But his belief in what he said doesn’t line up with the other evidence that has been established or the lack of evidence.”

Cahill said Bonilla’s testimony that “he only drank three beers” at the beach wasn’t credible, based on a toxicology report showing his blood alcohol level was “pretty high” at 0.213 percent.

Although police said they had four witnesses, none appeared in court, Cahill said.

“The evidence I have is that Mr. Chad Valoroso struck Mr. Bonilla, who then struck back,” Cahill said. “Chad goes down and it’s the other two defendants that take over.”

Chad Valoroso is set to be sentenced Dec. 13.

Cases are pending for Randal Valoroso, 59, of Haiku and Aweau, 56, of Pukalani. Both men have pleaded not guilty to attempted second-degree murder and first-degree assault.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

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