KAILUA-KONA — The case of three defendants accused of aiding Justin Waiki in the days after he fatally shot a Hawaii County police officer is now in the jury’s hands.
Closing arguments were made by the prosecution and defense as the nearly six-week trial for Krystle Ferreira, Malia Lajala and Jorge Pagan-Torres wrapped up Tuesday.
Ferreira, Lajala and Pagan-Torres are each charged with two counts of first-degree hindering prosecution and first-degree attempted murder.
The three, along with a fourth person, Jamie Jason, were in a vehicle with Waiki when police tracked the man down three days after he shot and killed Officer Bronson Kaliloa on the side of Highway 11 in Puna. Waiki was killed in an exchange of bullets on South Point Road.
Deputy Prosecuting Attorney Kauanoe Jackson told the jury that the defendants assisted Waiki up to the point when he was fatally shot after shooting Officer Brian Tina on July 20, 2018. Jackson explained how Ferreira’s Toyota 4Runner was meticulously packed to hide Waiki, that he had a loaded gun and that they knew he wasn’t going down without a fight. She reminded the jury about the text messages extracted from phones and the timeline leading up to the events at South Point.
“They knew he was wanted for murder. Everybody knew he was wanted. They gave him assistance,” she said. “Was it certain Waiki was a ticking time bomb? It was.”
She said that despite the defenses’ claim that the group was kidnapped at gunpoint, they provided him with a vehicle and spent all morning with him, never trying to get away.
“When Justin Waiki jumped into the water at South Point, they waited for him,” she said. “They knew officers were at South Point looking for him and intentionally drove up to the crowd of officers knowing what the end result would be.”
“They did not have to pull the trigger to be an accomplice. It was not if, but who would be the next officer shot. They placed Waiki in front of Officer Tina,” she added.
Lajala’s attorney, James Biven, argued that just because his client was in the car when Waiki was killed does not make her an accomplice. He said Lajala was trying to get Waiki to turn himself in.
“She was simply trying to help a friend,” Biven said. He added that Lajala’s actions showed courage and strength of character in standing up for a friend. He said the prosecution “utterly failed to support the charges” and asked the jury to “give Malia back her life.”
Ferreira’s attorney, Brian DeLima, said the prosecution totally misled the jury on the timeline they presented. He also claimed Ferreira was not in control of her phone and there was no evidence that she knew Waiki. He said it was Lajala who got Ferreira to go to Hilo.
“Justin Waiki is dangerous. He killed a police officer. When he jumped into her car, brandishing a weapon, what is she supposed to do?” he said.
He explained the level of fear Waiki instilled.
“The best thing they could do is drive up to the checkpoint. The police felt so threatened they (shot) him 22 times. That’s the level of fear,” DeLima said.
“Justin Waiki was in her car with a gun and had a serious drug problem. Krystle has three kids. She has a job and got a car. Why throw it all away for Waiki when she never met him before?” he asked.
Lastly, Pagan-Torres’ attorney, Keith Shigetomi, reminded the jury that if they had any doubts it was their duty to return a verdict of not guilty. He said the mere presence of someone does not make them an accomplice.
“There is no guilt by association. He did not actively participate. He cannot be found guilty because he didn’t do something to stop it,” Shigetomi said.
He said his client was there at South Point because he was tricked into being there. He acknowledged that this was a highly emotional case, but told the jury that emotions cannot affect their decision.
“Jorge was not a part of Waiki’s friends. There’s no evidence he knew Waiki. Why would he choose to be with Waiki by choice? It doesn’t make sense,” Shigetomi said.
“Don’t fall for the prosecution’s convoluted argument of guilt by association. Jorge had no reason to help (Waiki). He drove the car because Waiki had a gun,” Shigetomi argued.
Jason is being tried separately. She faces two counts of first-degree hindering prosecution, first-degree attempted murder and place to keep pistol or revolver, and two firearms offenses, ownership or possession prohibited fugitive. She remains in custody in lieu of $100,000 bail at HCCC.
Three others were also charged in connection with the case. Kiel Brende and Mokihana Veincent pleaded out and were sentenced. Taumi Carr awaits trial and is free on $25,000 bail.
The jury begins deliberations today. The first-degree hindering prosecution charge includes the option to convict on three lesser charges, and first-degree attempted murder includes the option of nine lesser charges.
Email Laura Ruminski at lruminski@westhawaiitoday.com.