KAILUA-KONA — The case of three defendants accused of aiding Justin Waiki in the days after he fatally shot a Hawaii County police officer is now in the jury’s hands.
Closing arguments were made by the prosecution and defense as the nearly six-week trial for Krystle Ferreira, Malia Lajala and Jorge Pagan-Torres wrapped up on Tuesday.
Ferreira, Lajala and Pagan-Torres are each charged with two counts of first-degree hindering prosecution and first-degree attempted murder.
The three, along with a fourth person, Jamie Jason, were in a vehicle with Waiki when police tracked the man down three days after he shot and killed Officer Bronson Kaliloa on the side of Highway 11 in Puna. Waiki was killed in an exchange of bullets on South Point Road during which an officer suffered nonfatal gunshot wounds.
Deputy Prosecuting Attorney Kauanoe Jackson told the seven men, five women jury that the defendants assisted Waiki up to the point when he was fatally shot in South Point after shooting Officer Brian Tina on July 20, 2018. She explained how Ferreira’s 4Runner was meticulously packed to hide Waiki, that he had a loaded gun and that they knew he wasn’t going down without a fight. She reminded the jury of the text messages extracted from phones and the timeline leading up to the events at South Point.
“They knew he was wanted for murder. Everybody knew he was wanted. They gave him assistance,” she said. “Was it certain Waiki was a ticking time bomb? It was.”
She said that despite the defenses’ claim that the group was kidnapped at gunpoint, they provided him with a vehicle and spent all morning with him, never trying to get away.
“When Justin Waiki jumped into the water at South Point, they waited for him,” she said. “They knew officers were at South Point looking for him and intentionally drove up to the crowd of officers knowing what the end result would be.”
“They did not have to pull the trigger to be an accomplice. It was not if but who would be the next officer shot. They placed Waiki in front of Officer Tina,” she said.
Lajala’s attorney James Biven argued that just because his client was in the car when Waiki was shot dead, that does not make her an accomplice. He said that Lajala was trying to get Waiki to turn himself in.
“These are serious charges for something she didn’t do,” he said.
Biven went on to say that prosecutors did not provide evidence to prove guilt “beyond a reasonable doubt.”
“She was simply trying to help a friend,” said Biven. He said her actions showed courage and strength of character in standing up for a friend. He said the prosecution “utterly failed to support the charges” and asked the jury to “give Malia back her life.”
Ferreira’s attorney, Brian DeLima, said the prosecution totally misled them on the timeline they presented. He also claimed that Ferreira was not in control of her phone and there was no evidence that she knew Waiki. He said that it was Lajala that got Ferreira to go to Hilo.
“Justin Waiki is dangerous. He killed a police officer. When he jumped into her car brandishing a weapon what is she supposed to do?” he said.
He explained the level of fear Waiki instilled, even with police at South Point.
“The best thing they could do is drive up to the checkpoint. The police felt so threatened they hit (shot) him 22 times. That’s the level of fear,” said DeLima.
“Justin Waiki was in her car with a gun and had a serious drug problem. Krystle has three kids. She has a job and got a car. Why throw it all away for Waiki when she never met him before?” he asked.
“The state mislead you. My client is not guilty of anything,” concluded DeLima.
Lastly, Pagan-Torres’ attorney Keith Shigetomi reminded the jury that if they had any doubts it was their duty to return a verdict of not guilty. He said that the mere presence of someone does not make them an accomplice.
“There is no guilt by association. He did not actively participate. He cannot be found guilty because he didn’t do something to stop it,” he said.
He said his client was there at South Point because he was tricked into being there. He acknowledged that this was a highly emotional case, but told the jury that emotions cannot affect their decision.
“Jorge was not a part of Waiki’s friends. There’s no evidence he knew Waiki. Why would he choose to be with Waiki by choice? It doesn’t make sense,” he said.
“Don’t fall for the prosecution’s convoluted argument of guilt by association. Jorge had no reason to help him (Waiki). He drove the car because Waiki had a gun,” argued Shigetomi.
Jason is being tried separately as her case is tied-up in appeal over statements made while she was hospitalized. She faces two counts of first-degree hindering prosecution, first-degree attempted murder and place to keep pistol or revolver, and two firearms offenses, ownership or possession prohibited fugitive. She remains in custody in lieu of $100,000 bail at HCCC.
Three others were also charged in connection with the case; Kiel Brende and Mokihana Veincent have since pleaded out and been sentenced while the third, Taumi Carr, awaits trial. Carr is free on $25,000 bail.
The jury begins deliberations today. The first-degree hindering prosecution charge includes the option to convict on three lesser charges, and first-degree attempted murder includes the option of nine lesser charges.