Court clears
insurer in
Febenito
shooting

The family of a teen also
caught in the police fire
seeks a judgment against
the driver's parents

By Craig Gima
Star-Bulletin

The state Supreme Court has affirmed that the home insurance company for the parents of Jared Febenito does not have to cover attorneys' fees or any judgment resulting from a lawsuit against the Febenitos.

The lawsuit stemmed from a fatal 1996 police shooting.

Police said Febenito, then 16 years old, and another teen, Chauncey Hata, were in a stolen Honda sedan.

Febenito allegedly tried to run over officers with the car when he was shot and killed.

Hata was wounded but was able to flee.

Friends took him to a hospital where he was treated for gunshot wounds to the arm, hip and face and released to the custody of his parents.

Hata's family sued Febenito's parents, alleging they were liable for Hata's injuries. The Hatas also alleged negligent supervision by parents Ray and Beverly Febenito, said Robert Merce, the Febenitos' attorney.

The Supreme Court yesterday affirmed a lower court's decision that Hawaiian Insurance and Guaranty Company is not involved in the lawsuit, said Merce, allowing the Hatas' suit against the Febenitos to proceed.

"The lawsuit goes on, but if the Febenitos want to defend themselves, they can hire their own lawyer at their own expense," he said.

"If there is a judgment against them (the Febenitos), the insurance company won't have to pay a penny."

Merce said the Febenitos have sued Honolulu police and a trial date for September has been set.