LIHU‘E — Payton Rapozo, 24, of Kapa‘a, accused of shooting to death his mother’s boyfriend, pleaded guilty to a reduced charge of felony manslaughter and felony weapons charges that could still carry a sentence of life in prison. He was
LIHU‘E — Payton Rapozo, 24, of Kapa‘a, accused of shooting to death his mother’s boyfriend, pleaded guilty to a reduced charge of felony manslaughter and felony weapons charges that could still carry a sentence of life in prison.
He was originally charged with second-degree murder in the October 2008 incident at a Kawaihau Road residence in Kapa‘a.
Rapozo, who is confined at Halawa Correctional Facility in Waipahu on O‘ahu, completed his change-of-plea forms Wednesday morning before 5th Circuit Judge Kathleen Watanabe. He is represented by court-appointed attorney Nelson Goo.
Lori Wada, county first deputy prosecuting attorney, represented the state, but will be a state deputy attorney general when Rapozo is sentenced by Watanabe Jan. 20.
Rapozo also pleaded guilty to felony crimes of being a convicted felon in possession of a firearm or ammunition, and using a firearm and ammunition in commission of a felony.
“Manslaughter” is defined in state law as “recklessly” causing “the death of another person.”
Watanabe explained that Rapozo could still face a sentence of life in prison on the manslaughter and firearms charges under an extended-term provision that allows judges to double sentences for multiple felony convictions.
But under the terms of a plea agreement, with prosecutors still free to argue for consecutive terms, a deal was struck that Watanabe does not have to abide by that sets a maximum recommended sentence of 20 years in counts one and two, with a 10-year mandatory minimum, and a 10-year term in count three, with a mandatory minimum term of six years, eight months.
The agreement includes revocation of Rapozo’s probation in a prior case of assault and terroristic threatening, Wada said, adding prosecutors expect to ask for a total of 30 years in prison for Rapozo at sentencing while Goo will ask for a 20-year term.
Watanabe explained that the first two counts (manslaughter and use of a firearm to commit a felony) are both class A felonies punishable by a maximum term of 20 years in prison and $50,000 fine on each charge, with count three (convicted felon in possession of weapon) carrying a maximum term of 10 years in prison and $25,000 fine.
Rapozo, his shoulder-length hair tied in a ponytail and sporting a goatee as well as a prison-issue orange shirt and orange pants with “HCF” on the pant-leg, but with no leg shackles, clearly and politely answered all of Watanabe’s questions about the change-of-plea form and what his guilty pleas mean.
He repeated the word “guilty” when Watanabe asked him how he pleads to each of the three counts, and Watanabe asked him why he was changing his pleas.
Rapozo said the change of pleas is due to the agreements made between Goo and Wada. “I agreed with all of this.” In a written statement, Rapozo said, “I believe I am guilty,” and he said “yes” when Watanabe asked him if that was what he wrote.
Goo made a request that Rapozo be allowed to stay at Kaua‘i Community Correctional Center in Wailua while awaiting sentencing, so his family could easily visit him, and to make it easier for Kaua‘i-based officers to interview Rapozo for the purposes of preparing a pre-sentencing diagnostic report.
“He’s going to be going away for a long time,” Goo said of Rapozo.
Watanabe granted the request, contingent on state Department of Public Safety approval that having Rapozo on Kaua‘i will not be a burden.
Rapozo was found guilty of manslaughter for the shooting death of Antonio Torres, 43. Torres had dated Rapozo’s mother, and Torres allegedly threatened Rapozo’s mother and other family members shortly before the shooting, Goo said in court earlier.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
