A 33-year-old Hilo man shot three times by police last year after ramming two cars — one a subsidized patrol vehicle — behind Pineapples restaurant in Downtown Hilo was sentenced Monday to four years probation.
Hilo Circuit Judge Greg Nakamura also sentenced James Salai to 364 days in jail, but Salai was behind bars longer than that before bailing out, so he walked out of the courtroom a free man.
Salai pleaded no contest March 30 to two counts of second-degree criminal property damage, a Class C felony that carries a possible five-year prison sentence upon conviction. In return for his plea, prosecutors reduced a first-degree criminal property damage charge and dropped two counts of first-degree terroristic threatening and a resisting an order to stop charge.
Salai admitted he’d been drinking when shortly before midnight Feb. 28, 2015, he took off after officers attempted to pull him over on suspicion of impaired driving, damaged the two cars and caused minor injuries to Rebecca Hewetson, owner of one of the cars. He then reversed his car toward two officers while trying to get away. Both officers discharged their weapons; a witness said she counted 16 shots.
Neither officer was injured.
The wounded Salai eventually was pulled over and taken into custody at the corner of Kinoole and Haihai streets. He was taken to The Queen’s Medical Center in Honolulu in critical condition and spent almost a month in the hospital, with wounds to his back and an arm.
Deputy Prosecutor Kevin Hashizaki argued for a prison term for Salai, calling the incident “a particularly serious matter.”
“Mr. Salai, on this particular night, acted very recklessly,” Hashizaki said. “… But for maybe a few feet, this could have turned into a tragic result for Miss Hewetson. And even with that, Mr. Salai didn’t stop. He proceeded then to reverse his car out and continue on, driving continuously recklessly upon the roadway.
“Given the totality of what happened, it’s the state’s belief that this case is deserving of a prison sentence.”
Deputy Public Defender Patrick Munoz argued for the probation sentence, saying Salai “is very remorseful and shameful for his actions.”
Munoz said Salai, a father of two from Vanuatu, a South Pacific island nation close to Fiji, has sought out family and individual counseling and is attending Alcoholics Anonymous meetings. He also noted Salai was shot and wounded by police.
“This is not to say that Mr. Salai should be felt sorry for. It’s just to indicate that an additional form of punishment … has been done that would prevent him from wanting to drink,” Munoz said. “The severity of almost losing his life, the pain from it, and also any future fear. Mr. Salai 100 percent realizes the seriousness of drinking and the seriousness of driving in this manner.”
Through a Bislama interpreter, Salai admitted he drank and drove that night and people were adversely affected by his decision.
“I take full responsibility for what happened. I’m not an angry person or a violent person. I didn’t mean to harm anybody,” Salai said. He said he wants to be “a good role model” for his wife and children.
“So, what impact has this had on you in terms of potentially seriously injuring or killing other people and you potentially facing death because of your conduct?” Nakamura asked.
“I’m happy to have a second chance at life and I won’t drink alcohol,” Salai said.
Salai was ordered to make $6,800 restitution to Hilo Surplus Store and $1,966 to Officer Wayne Kenison, whose car was damaged. DTRIC Insurance was also awarded $10,700 in a civil judgment against Salai for property damage last year, according to court records.
Email John Burnett at jburnett@hawaiitribune-herald.com.
