20 years for a killing, man may only serve two

[Rob Tucker]

This seems to be fitting a pattern here in our county... I don't get it.

Hawaii man gets 20-year sentence for fatal stabbing, buy may serve only 2

http://www.staradvertiser.com/news/break...23043.html

[macuu222]

I don't get it either. On top of that...they can't even spell correctly. Don't they use spell checker at the newspaper??

[JerryCarr]

Here we go again. This is yet another instance where serious crime is dealt with by a slap on the wrist. If we get any explanation at all, it's usually that the prosecutors blame the police for evidentiary lapses, the police blame the prosecutors for lack of aggressive prosecution, and the judges say, "We're just going along with the plea bargain." Ultimately, the judges do have the power to reject plea bargains in the interest of justice, but the truth is that they rarely do in this county. The excuse for that is typically that the prosecutors wouldn't have gone for the plea bargain if they had a case strong enough for a conviction with a tough sentence. This circular reasoning/blaming just goes on and on. Rant over.

[Obie]

Here is the rest of the story,these two sleazebags were attacking this guy in his own house and he killed one of them !!!


The office also noted various forms of evidence, including witness statements, physical evidence and reports from DNA, blood pattern and toxicology experts, it planned to use during the trial. Wells had raised a self-defense argument to the charges, contending he stabbed the Wanats to protect himself from their attack in his home, according to the office.

Police and prosecutors allege Wells stabbed to death Edward Wanat and injured his son, Andrew, during an early evening altercation in Kailua-Kona. At the time of the stabbing, court orders prohibited contact between the Wanats and Wells.

According to police, the altercation led to the elder Wanat being fatally stabbed in the chest and abdomen and the younger Wanat receiving stab wounds to his arms, hands, shoulder and face.

Unrelated to the stabbing incident, Andrew Wanat was charged in July with attempted first-degree robbery and second-degree assault after he reportedly tried to steal from a Kailua-Kona man at the McDonald's parking lot in Kailua-Kona.

Wanat allegedly shot the man in the chest with a pellet gun before fleeing the scene in a car driven by another individual.

He pleaded not guilty to the charges July 22 before Strance. His trail has been set for Nov. 29.

cjensen@westhawaiitoday.com

[birdmove]

Well, as I've been taken to task before on this forum for stating that, there will never be a time when I run away from my home when it's invaided by some criminal(s)--instead I will stand and fight (and have done this once in my life already). I was told that, in the state of Hawaii, you are expected to run away and give your home over to the invaders, rather than defend yourself, or you are breaking the law. I don't understand this attitude. The fact is that if someone breaks in and attacks you in your own home, then your life is in danger. It's got nothing to do with material possesions. It's got to do with defending yourself when your life is threatened. That's my take.

Jon

Jon in Puyallup, Wa.

[cjmbuffalo]

Jon

A lot of states agree with you on that point and have a "Stand your ground" statue in the penal code. The inclusion below is from the State of Colorado.


18-1-704.5. Use of deadly physical force against an intruder.


The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.