2 men to get 25 years for pilot’s death
Two men convicted in the fatal shooting of an Army pilot vacationing at the Waianae Army Recreation Center will serve 25 years rather than life in prison under a plea agreement.
Bryson Jose and Roberto Miguel were awaiting a retrial for felony murder after a federal appeals court sent the case back, affirming only their convictions on attempted robbery, attempted burglary and firearm charges.
A federal jury in 2000 had found the two guilty of murder in the 1998 slaying of John Latchum Jr., 33, who was vacationing with his wife and two children at the Waianae cabins. Both defendants were sentenced to a life term without parole.
But the 9th U.S. Circuit Court of Appeals overturned their murder conviction, saying the trial judge should have allowed the defendants to argue their theory that a third man who was among a group present during the shooting was the shooter.
According to the plea agreement filed Nov. 22, the parties agreed to the plea bargain to avoid the uncertainties of a retrial, including the availability and credibility of certain witnesses and reduced recollection by witnesses eight years after the incident.
"Proceeding to retrial risks the possibility of an acquittal or a mistrial, either of which might impact the imposition of sentence" for the remaining counts, the agreement noted. "To avoid the uncertainty and to reach an agreed-upon reasonable sentence given the facts and circumstances of this case, the parties have entered into this agreement and respectfully request that the court accept it."
U.S. attorneys could not comment on the agreement, which must still be approved by the court, and defense attorneys could not be reached.
In the plea deal, Miguel agreed to plead guilty to murder and to carrying a firearm in connection with Latchum's death.
According to the agreement, Miguel entered his plea "because he is in fact guilty of the second-degree murder of John Latchum ... and the use and carrying of a firearm during and in relation to the shooting death" of Latchum.
Under the terms of the agreement, Miguel admits that on June 3, 1998, he was carrying the sawed-off rifle in his pants.
Miguel, then 17; Jose, then 20; and a third male who was a juvenile went up the steps to the cabin where the Latchums were staying and jiggled the doorknob, intending to rob someone, according to the plea agreement.
Latchum ran outside, shouting at the group, who began fleeing. But Miguel stopped and pointed the rifle at Latchum, who stood at the top of the stairs, and fired once, hitting him in the chest. Latchum died later at a hospital.
Latchum's father, John Latchum Sr., said he and daughter-in-law Wendy Latchum were consulted about the proposed agreement and do not fault the work of the U.S. attorneys, who he said did an excellent job at trial.
But Miguel and Jose "should never get out of prison, because they took a life," he said from his Delaware home. "It's not fair to Wendy and the two children, and it's not fair to me.
"My son's gone. He had a beautiful life set up for him; he would have been retired and receiving a pension and would've been on top of the world -- and that's all gone," Latchum said.
Wendy Latchum could not be reached for comment yesterday, but she told KITV earlier this week, "I think that the justice system has failed us. Those murderers will be free one day and back on the streets of Hawaii."
Jose agreed to a sentence of 15 years for the attempted robbery and 10 years for possession of a short-barreled rifle, with the terms to run back to back. Miguel agreed to plead guilty to murder in exchange for a 25-year prison term. Both face fines of up to $500,000 and a period of supervised release.
Miguel will be sentenced March 8; Jose, on March 12.
