KEALAKEKUA — A Kailua-Kona man who pleaded guilty to manslaughter with a firearm in March in the vigilante killing of Alanaokala Solomon Covington was sentenced Thursday.
Gafatasi Napoleon will serve 20 years in prison with a mandatory minimum of eight years to be served. 3rd Circuit Court Judge Ronald Ibarra handed down the judgment in a full courtroom where both Covington and Napoleon’s families were present.
The state demanded the mandatory minimum of eight years while the defense argued for a minimum of six years.
Originally charged with murder, Napoleon’s charge was changed to manslaughter with a firearm after a review of the evidence in the case.
Napoleon, 30, is accused of shooting Covington, 36, with a shotgun on Oct. 14, 2016, near a homeless camp at the intersection of Queen Kaahumanu Highway and Henry Street.
During a court appearance in March, Napoleon said, he loaded shotgun cartridges with rock salt and shot Covington in the chest from about 6 to 8 feet away.
“I expected it to just sting,” Napoleon said during the March hearing. “I didn’t think it’d go through.”
When Ibarra asked him why he did it, Napoleon said he heard a rumor Covington had been raping women.
“He had gotten a little too close to my girlfriend I had at the time,” he said.
Deputy Prosecutor Mark Disher said this case was unique.
“Initially it seemed like an execution,” Disher said.
Disher goes on to explain that Napoleon’s efforts to use rock salt show he didn’t mean to kill Covington. He added rock salt in guns has been seen in the media and entertainment as a non-lethal force of assault.
What compounds this case, Disher said, is Napoleon’s understanding of firearms because of his service in the Marine Corps.
“This is a case of vigilantism, street justice,” Disher said. “It has no place in society.”
Disher said Napoleon was known as the protector of the homeless camp.
“He didn’t hesitate when he shot Alana. It was like a chore,” he said.
Ibarra questioned Disher’s reasoning for a manslaughter charge.
“It seems like the more you argue, you should’ve gone for murder,” Ibarra said.
Disher explained he was arguing for the higher mandatory sentence of eight years as opposed to the defense’s request of six years.
Covington’s aunt, Malama Solomon, addressed the court on behalf of the family. She said Covington was her sister’s eldest son and was like her hanai son.
She added there isn’t a day that goes by that the family doesn’t miss Covington.
Covington worked on Solomon’s ranch. In 2014, he sought other employment.
The last thing Covington said to his aunt was: “Don’t worry about me. I’m OK. If you need help on the ranch, call me.”
Solomon said the family believes they are in their right to ask for the maximum of 20 years.
She added Napoleon was an ex-Marine, dishonorably discharged. He knew where to shoot.
“A gun is a lethal weapon, regardless of what it’s filled with,” she said.
Solomon added Napoleon has shown no signs of remorse.
“Mr. Napoleon is a cold-blooded killer…,” Solomon said.
Solomon said Covington never forgot her birthday and always had Christmas gifts for his family members even when he couldn’t afford it.
Napoleon’s attorney, Robert D.S. Kim addressed the court saying he felt he needed to clear the air.
“Mr. Napoleon agreed to a 20-year sentence,” Kim said. “Mr. Napoleon, by his actions, saved the family from trial.”
“In this case, there are two sides to Covington,” Kim said. “I’m sure he was a good family man. But outside the family he was a sexual predator.”
Kim iterated that they didn’t go to trial on a murder case.
“The state determined this wasn’t a murder case. It was a manslaughter case,” he said.
Kim added Napoleon does feel bad.
“He does feel bad that he killed a human being,” he said. “He wanted to teach Mr. Covington a lesson, but it went awry.”
Napoleon did address the court. He apologized directly to the Covington family.
“I’m sorry for taking away your guys’ family member,” he said.
Ibarra questioned Napoleon about why he took matters into his own hands.
“So you considered yourself the law?” the judge asked him.
Napoleon said he didn’t think some the girls, who were rumored to be assaulted by Covington, would come forward for fear of embarrassment.
Ibarra asked Napoleon who’s idea it was to get the rock salt.
Napoleon said it didn’t matter. It was all on him.
“Why didn’t you apply first aid?” Ibarra asked.
Napoleon said he thought Covington was dead.
After his questioning of Napoleon, Ibarra said, the court had considered the case and determined Napoleon took actions into his own hands. Even if the rumors were true, the judge said, Napoleon had no right to execute judgment.
“How you conducted the shooting was deliberate,” Ibarra said. “You were judge and jury of the person who committed the acts.”
Just before leaving the bench, Ibarra addressed Covington’s family. He said unfortunately every loss of a loved is sorrowful.
“I hope you can move forward from this as best you can,” Ibarra said.
Outside of the courtroom, Disher said this was a difficult decision.
“Any use of a firearm is inherently dangerous and lethal,” he said.
Rock salt as a non-lethal weapon, Disher said, is appearing more in media and entertainment. He said people need to be educated because that simply isn’t the case.
“Vigilante justice has no place in civil society,” Disher said.
Napoleon’s attorney, Kim, said his client could live with the sentence.
“He takes responsibility,” he said.
Napoleon also faces restitution of $1,450 to the Crime Victim Compensation Fund and $1,500 to Covington’s parents.
Both families declined comment after the sentencing.