LIHU‘E — A Kapa‘a man will serve five years in jail for a 2009 shooting incident that terrorized a group and put them in danger of death or serious injury. Philip Pedro Papagayo Jr., 22, faced a possible 40 years
LIHU‘E — A Kapa‘a man will serve five years in jail for a 2009 shooting incident that terrorized a group and put them in danger of death or serious injury.
Philip Pedro Papagayo Jr., 22, faced a possible 40 years in prison with extended sentencing options for one B felony and two C felony charges. Instead the court issued sentencing under the young adult defendant, with a focus on rehabilitation.
Chief Judge Randal Valenciano said the mandatory minimum five-year prison term was for the use of a loaded firearm in the commission of a crime. The youth offender status reduced what would have been a 10-year sentence.
“If the people who had been shot at had been hit, this would be a very different case,” Valenciano said to the defendant. “It is already a bad situation.”
Valenciano also sentenced Papagayo to concurrent five-year terms for first-degree terroristic threatening and first-degree reckless endangerment. He told the defendant he’s on a career criminal track and that it was up to him to take advantage of this opportunity and prove the court wrong.
Papagayo apologized to the court and said he did not want to become a career criminal. He also apologized to his family in court.
A 5th Circuit grand jury returned a nine count indictment against Papagayo in April 2012. He was 18 at the time of the shooting and intended to go to trial until accepting a plea deal at a motions hearing on Oct. 23, 2012.
County Deputy Prosecuting Attorney Melinda Mendes said the state was concerned that the incident could have easily been a tragedy. She said the defendant was with his expectant girlfriend at a lookout on April 30, 2009 when he apparently got into an argument with a group.
Papagayo returned to the scene with his father’s Remington 30-06 semi-automatic hunting rifle, Mendes said. After finding the group at another location, he fired the weapon two or three times, she said.
There are conflicting accounts as to whether Papagayo shot toward the ocean or in the general direction of the group, Mendes said. The reports note that one person in the group was visibly shaken, she added.
Papagayo was initially charged with two counts of first-degree reckless endangering, six counts of first-degree terroristic threatening, and a place to keep a firearm other than a pistol or revolver. Mendes said drugs were likely involved given the defendant’s juvenile and criminal background.
Court-appointed defense attorney Caren Dennemeyer said Papagayo is remorseful and maturing. She said he understands the consequences of his actions and asked the court to consider that he was 18 at the time and did not appreciate how fragile is life.
She asked the court to consider that with youth offender status the defendant may be able to continue rehabilitative programs at Kaua‘i Community Correctional Center. If not, he would be transported to a high security prison and be housed with career criminals, she said.
The sentencing hearing was continued from March after Papagayo had questions about the mandatory minimum sentence. He agreed to proceed with sentencing on Thursday.
• Tom LaVenture, staff writer, can be reached at 245-0424 or tlaventure@thegardenisland.com.
