Student to be
prosecuted as minor in
officer’s death

He could have faced 20 years in prison
had he been tried as an adult

By Linda Hosek
Star-Bulletin

If Gabriel Kealoha had been born about three months earlier, the Kamehameha Schools senior might be worrying about spending up to age 38 in prison.

But today Kealoha's plans include graduation and college, following a Family Court ruling to prosecute him as a minor in the Oct. 27 death of an off-duty police officer.

Judge Michael Town yesterday rejected a state request to try Kealoha, who was 17 at the time of the incident, as an adult for manslaughter.

The ruling reduces the possibility of confinement from 20 years in prison to less than a year in detention.

"The family is relieved and thankful for a courageous judge," said Hayden Aluli, Kealoha's attorney.

Deputy Prosecutor Randal Lee said the state presented more than 10 witnesses during a two-day hearing last week in a "yeoman's try" to prosecute Kealoha as an adult.

Under Town's ruling, Kealoha remains in Family Court, which limits punishment and keeps all proceedings confidential.

He faces a closed trial in which a judge will rule on whether he violated a law. If found in violation, he faces detention in a youth facility until he turns 19 on Feb. 1 and probation until age 20.

If convicted as an adult, Kealoha would have faced a sentence ranging from probation to 20 years.

In the last five years, Family Court has granted about 50 percent of state requests to try juveniles as adults for felonies.

In the fiscal year ending June 30, the court granted 10 of 19 requests for all felonies and six of 12 for class A felonies, such as murder.

The state has alleged that Kealoha recklessly caused the death of Miller, who fell 33 feet from the H-1 freeway viaduct near Honolulu Airport.

Miller, a 19-year Honolulu Police Department veteran, had a blood-

alcohol level of 0.16 percent, twice the legal limit.

The police initially charged Kealoha with second-degree murder in the incident, which allegedly began as a traffic scuffle in which both pulled off the highway.

But city Prosecutor Peter Carlisle said the state reduced the charge to manslaughter after reviewing evidence and reinterviewing about a dozen eyewitnesses.

He said evidence that would be admissible in court suggested that the state should prosecute for the lesser offense, which suggests that the crime was reckless rather than intentional.

Carlisle also used the case to advocate for open proceedings in Family Court.

He said the current cloak of confidentiality "protects a system that is antiquated, inadequate and arbitrary."

Kealoha's trial is scheduled to begin April 7 before Judge Darryl Choy.

Aluli said Kealoha hopes to graduate in June and has been admitted to the University of Hawaii.

In December the Honolulu Police Department issued a Certificate of Merit to Kealoha for apprehending and detaining a suspect until police arrived on Oct. 2. The suspect was wanted for traffic violations and an outstanding warrant.

But the department decided not to have a public ceremony because of Kealoha's charge.

Kealoha, an honors student, is interested in pursuing a career in law enforcement, Aluli said.




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