We have judges and the justice system to protect the public. We need protection both from people who steal property valued at $495,000, as well as from judges who cannot fulfill their responsibilities to protect the public from such theft. If judges cannot properly serve the public, then they are part of our problem by encouraging such criminal behavior.
Just as Yogi Bera said, “It’s like deja vu all over again.” Another Hawaii Island judge; another acquittal of a person who committed a very serious crime.
Following in the footsteps of Judge Ronad Ibarra, who acquitted alleged active shooter Raymond Lee Robinson for his crimes, Judge Elizabeth Strance acquitted Richard Joseph Sherwood and turned her back on protecting the public. On Oct. 13, 2013, Mr. Sherwood broke into a custom sailboat worth nearly a half million dollars and owned since 1980, sailed it out of Honokohau Harbor with the assistance of a fisherman and destroyed the yacht by running it onto the reef located 2 to 3 miles to the north of the harbor channel. Judge Strance found that while Sherwood was fit to face the charge, he was at the time of the offense affected by “a physical or mental disease, disorder, or defect that substantially impaired (his) capacity to conform (his) conduct to requirements of the law and/or substantially impaired (his) capacity to appreciate the wrongfulness of (his) conduct.” Judge Strance also found that Sherwood “presents a danger to self or others,” yet she still ruled his mental impairment “excluded penal responsibility” and acquitted him of any wrongdoing.
How can the clear evidence of stealing and destroying property valued at $495,000 result in an acquittal? Through their recent rulings, Judges Strance and Ibarra have outlined the basic set of instructions for societal anarchy on Hawaii Island: Just be wild and crazy when you commit a crime and you will then be acquitted and bear no responsibility whatsoever.
In the case of Sherwood, three doctors concluded he was mentally capable of facing the charge. One doctor determined he suffered from bipolar disorder. The second determined he suffered from bipolar disorder with psychotic features. The third determined he suffered from alcohol intoxication with possible alcohol-induced psychotic disorder and that he was substantially impaired at the time of the offense because of alcohol and cannabis abuse. In spite of the three doctors not agreeing on his affliction, he was still acquitted of any crime even though they all agreed he was mentally capable of facing the charges in court.
How many more acquittal decisions will it take before we have anarchy? It is becoming obvious from recent rulings by Judges Strance and Ibarra that if one has sufficient mental, drug and alcohol problems, they are declared free of being charged for any criminal offense. With the evidence of this high-value theft and property destruction, as well as with the evidence of the active shooter, acquittal is not an option. The pattern of criminal, destructive and violent behavior by individuals on our island with mental, drug and alcohol problems, followed by ridiculously minimal consequences, is far too common.
Judges Strance and Ibarra, your decisions only encourage others to go on similar criminal sprees and they do not protect the public. Public protection must come first. We urgently need an emergency declaration order protecting the public from such judges.
Sue Garrod is owner of the stolen boat mentioned in this viewpoint and a Kailua-Kona resident.
Viewpoint articles are the opinion of the writer and not necessarily the opinion of West Hawaii Today.