Sentencing was postponed Monday for a Pahoa man accused of the nonfatal shootings of two men during a gun battle almost five years ago at Pohoiki to allow him to testify for the prosecution, if need be, during trial in a companion case.
Tyson Keola Lewi, who was 36 on July 30, 2017, when the shootout at Isaac Hale Beach Park occurred, is now scheduled to be sentenced at 8:30 a.m. Oct. 24 before Hilo Circuit Judge Peter Kubota.
Lewi pleaded guilty Nov. 10, 2021, to two counts of first-degree assault and two counts of first-degree property damage.
All of the charges are Class B felonies punishable by up to 10 years imprisonment upon conviction. In return for Lewi’s pleas, two counts of attempted second-degree murder were reduced, and single counts of attempted first-degree murder and use of a firearm in the commission of a separate felony were dropped.
The attempted first-degree murder charge, which carries a mandatory sentence of life imprisonment without parole, was because there were multiple victims.
It was revealed during Monday’s hearing that Lewi has agreed to be a prosecution witness in the case of Rodney Wilbur Sr., who is still facing a second-degree attempted murder charge, as well as use of a firearm in the commission of a separate felony, being a felon in possession of a firearm, and illegally carrying a handgun.
“I’d rather continue the sentencing,” Kubota told Deputy Prosecutor Lucas Burns, who was sitting in for Deputy Prosecutor Haaheo Kahoohalahala, and Michael Green, Lewi’s attorney. “The deal for Mr. Lewi’s case was struck. If there’s any obligations for Mr. Lewi to perform now that he’s been released, then there’s no rush in sentencing him.”
Lewi had remained in custody in lieu of $550,000 bail since his arrest on July 31, 2017, until he was granted court-supervised release in November 2021.
According to court documents, a video shows Lewi firing a black handgun at least seven times, striking Rodney Wilbur Jr., then 27, twice in his upper chest while Wilbur was sitting in the driver’s seat of his white 1996 Toyota pickup, and also hitting Austin Aiwohi, then 25, in the buttock.
Lewi also is accused of damaging Wilbur Jr.’s pickup and the white 2006 Dodge Ram pickup of Wilbur’s father, Wilbur Sr., then 49, with gunfire and placing Wilbur Sr., who documents say was driving at the time, and other occupants of his truck in danger of death or bodily injury.
Aiwohi and Wilbur Jr. were taken to Hilo Medical Center for treatment of their injuries. Both have since been released.
Also facing charges in connection with the armed affray is Wilbur Sr., who is accused of shooting Gerard Kawelo, then 35, of Pahoa in the head.
Kawelo was taken to The Queen’s Medical Center in Honolulu in critical condition. He’s since been released.
Wilbur Sr., who was arrested near the lower Puna park shortly after the shootout, was released from custody after posting $275,000 bail. He’s pleaded not guilty to all charges and has an Aug. 15 court date for further proceedings.
Email John Burnett at jburnett@hawaiitribune-herald.com.
