An Oahu Circuit Court judge Thursday sentenced a 32-year-old man — originally charged with attempted murder, robbery and gun charges for allegedly robbing and shooting at a Kaneohe gas station customer in 2023 — to four years’ probation on a charge of reckless endangering.
Judge Kevin Souza found Patrick Hanawahine, while not completely blameless, did not commit the crimes he was originally charged with, and instead found the complaining witness, Kevin Fitzgerald, 46 at the time, who first called police, reported lies about Hanawahine and what happened.
“It’s my belief that, in amending Count 1 from attempted murder to reckless endangering, the state is tacitly acknowledging the events did not happen and not anywhere near what the complainant alleged,” Souza said.
In addition to the four years of probation, the judge gave the 32-year-old husband and father credit for the 477 days he served in jail awaiting trial.
In a June plea agreement, the state greatly reduced the attempted-murder charge, which has a maximum sentence of life in prison with the possibility of parole, to a Class C felony of first-degree reckless endangering, punishable by up to five years’ imprisonment. The state also dropped all other charges against him, including robbery and three weapon charges.
Souza said a “minitrial” of sorts was held in November. That’s when he heard and saw the bulk of the evidence, including the state’s witness testimony, presented during a hearing on a motion to dismiss indictment by his then-defense attorney, Deputy Public Defender Tiara Maumau.
The judge said that based upon the reliable evidence presented, “clearly, Fitzgerald lied to police and misled police as to what transpired that day.”
Souza said that with regard to the attempted murder charge, in Fitzgerald’s version of what happened March 9, 2023, he was a customer who pulled up to pump gas at the Texaco gas station in Windward City Shopping Center when out of nowhere, Hanawahine opened the F-250 passenger door and robbed him of his wallet, cellphone and cash.
Fitzgerald then chased him and tried to stop the robbery suspect, he claimed.
Souza said video surveillance showed Fitzgerald pulled up to the gas station and waited 20 minutes. It showed Hanawahine walking up, an envelope being exchanged and an argument ensuing.
Hanawahine walks away, and Fitzgerald tries to physically prevent him from leaving, the judge said. When Hanawahine runs, Fitzgerald chases him on foot, then jumps in his truck, and he or someone else in the truck chases Hanawahine.
“It’s clear that there were shots being fired from Fitzgerald’s truck toward Hanawahine,” the judge said.
To the extent Hanawahine returned fire, he did have an apparently justifiable claim for self-defense, Souza said.
“This is a prime example of why we don’t simply take cases at face value,” Souza said. “Truth can be gleaned through the trial process.
“Fitzgerald, the so-called complainant, got to police first. In this court’s opinion, (the charges were) based upon fraud, lies and misinformation given to police.”
Before the judge sentenced Hanawahine, Deputy Public Defender Edward Aquino said that if the case had gone to trial, the defense would have proved “the actual criminal is the alleged victim.”
Fitzgerald was the first to get access to police, and police took what he said at face value, Aquino said.
Fitzgerald is now in prison on drug charges in California, he said.
There is evidence Fitzgerald had social media contact with Hanawahine, and “the first aggressor is Mr. Fitzgerald,” Aquino said.
The Honolulu Prosecutor’s Office said in a written statement, “Given the issues with the Complainant’s availability … the State made the plea offer to ensure that the Defendant, Patrick Hanawahine, could be held accountable for his conduct that occurred on March 9, 2023.”
When Hanawahine was allowed supervised release July 1, he was able to go back to his family and demonstrate to the court he could comply with the rules, Aquino said.
He said Hanawahine had been diligently looking for a job and two weeks ago found a full-time warehouse job.
Hanawahine thanked the court for the opportunity.
“I used the time to sit back and reflect,” he said, adding he has a couple of jobs. “I stayed consistent.”
His wife and one of his children accompanied him to court and sat in the gallery during the sentencing.
The judge noted Hanawahine had three prior criminal convictions, but they occurred a while ago.
“He is at a different place in his life, with multiple children,” Souza said. “His family is very supportive of him. His priority in his life is to take care of his family.”
He said it is unlikely that such circumstances would recur.
“If sentenced to prison, it would entail excessive hardship to his family,” Souza said.
The judge waived court fees and restitution, and explained probation rules that included Hanawahine stay away from drugs and alcohol, and ordered random urinalysis.
“I understand your role in this case is nowhere near what was alleged, but … you should have never been there,” Souza said.
