LIHU‘E — Taekyu U faces the possibility of life in prison with the possibility of parole after pleading guilty Tuesday to firearms and weapons charges. If 5th Circuit Judge Randal Valenciano agrees to conditions in U’s plea agreement forged between
LIHU‘E — Taekyu U faces the possibility of life in prison with the possibility of parole after pleading guilty Tuesday to firearms and weapons charges.
If 5th Circuit Judge Randal Valenciano agrees to conditions in U’s plea agreement forged between U’s attorney Michael Green and First Deputy Prosecuting Attorney Lori Wada, it is more likely he’ll serve 10 years, even though one of his charges carries a 15-year mandatory minimum sentence.
U, 27, of Kapa‘a, was originally charged with first-degree attempted murder but pleaded guilty to the reduced charge of first-degree reckless endangering along with carrying or using a firearm while committing that felony.
He also pleaded guilty to having the pistol and ammunition in illegal places to have such items. A fifth charge, carrying a deadly weapon, was dropped.
U was indicted in January, and admitted in court Tuesday that he did fire the pistol at the Waipouli Town Center McDonald’s out of a moving vehicle more than a year ago, narrowly missing patrons at the restaurant.
The most damaging charge is the class-A felony of carrying or using a firearm while committing another felony, which Wada said carries a 15-year mandatory sentence and 20-year maximum sentence.
Because of the multiple-felony pleas, Valenciano has the option to double up the maximum sentences, totaling a potential maximum sentence of life in prison with the possibility of parole.
But under the plea agreement, the attorneys agreed to recommend parole after 10 years, a deal U agreed with by signing the change-of-plea form in open court.
Valenciano asked U why he was pleading guilty.
“‘Cause I was a passenger in the car on June 27, 2008, and fired a handgun out of the car at McDonald’s,” said U, dressed in blue jeans and a blue casual shirt.
He answered “guilty, your honor,” when Valenciano asked him how he pleads on each of the four charges.
Valenciano found him guilty of all four charges, and set sentencing for New Year’s Eve, Dec. 31. “Happy New Year,” Green said.
Green said the case has caused stress to the community, his client, co-defendant Brock-Alan Reyes and their families. A conviction on the original charge of first-degree attempted murder could have gotten U a sentence of life in prison, said Green.
Though the case was continued several times in Valenciano’s court, and plea negotiations were lengthy, “when the day finally comes it is stressful,” Green said.
And while Green said he had intended to ask for additional time to allow U to “digest” the finalized plea agreement, the reality is that if U and Green didn’t act on the prosecution’s offer it was to be pulled off the table Tuesday.
“I can understand him being very, very nervous,” Green said of U, facing “serious” charges and “serious” potential jail time.
Reyes, 18, of Kapa‘a, allegedly the driver of the vehicle U was in when he fired his weapon, is charged with first-degree attempted murder, and various firearms and ammunition charges.
Dan Hempey, attorney for Reyes, said again in the state courthouse Tuesday that his client is not guilty, and agreed to continue the Reyes case to Dec. 31.
Hempey earlier filed motions to dismiss charges against Reyes, and to sever Reyes from U’s case. The Dec. 31 date is for status on those motions.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
