LIHU‘E — In his own words, Payton Allen Rapozo went in a matter of several months from being a man with nothing to live for to being the happiest he had ever been in his life. And then came
LIHU‘E — In his own words, Payton Allen Rapozo went in a matter of several months from being a man with nothing to live for to being the happiest he had ever been in his life.
And then came a violent confrontation at his mother’s Kapa‘a home in October 2008 when he shot and killed Antonio Torres, 42, Rapozo’s mother’s boyfriend at the time.
Fifth Circuit Judge Kathleen Watanabe on Wednesday sentenced Rapozo to 20 years in prison for several crimes including manslaughter, with a mandatory minimum of 10 years for using a pistol in commission of that crime.
Originally charged with second-degree murder in the case, Rapozo and Nelson Goo, his court-appointed attorney, reached a plea agreement with county prosecutors that combined the 2008 manslaughter case and a 2007 case of assault and other charges, with the murder charge reduced to manslaughter as part of the plea agreement.
Rapozo, 24, began serving that sentence Wednesday at Halawa Correctional Facility on O‘ahu.
In 2007, Rapozo hated his life, was suicidal, and if he had a gun would have killed himself, he said.
“I didn’t have anything to live for,” no job, no money, no car, no girlfriend, he said, adding he was hoping the Kaua‘i Police Department officer he assaulted would have shot and killed him.
In that case, he was charged with third-degree assault, two counts of first-degree terroristic threatening, second-degree unauthorized entry into a motor vehicle and fourth-degree criminal property damage.
In the 2008 case, he was charged with second-degree murder, ownership or possession of a prohibited firearm and carrying or using a firearm in commission of a separate felony.
In the 2007 case, Watanabe placed Rapozo on probation, and during the following 10 months Rapozo said he got a job, a car and a girlfriend he said wanted to marry him, and was the happiest he had ever been in his life.
That was before he quit taking expensive medication for mental conditions, which was about a week before the confrontation with Torres at Rapozo’s mother’s Kawaihau Road home, said Goo.
“I didn’t want anyone to die,” said Rapozo, adding that Torres threatened to kill Rapozo’s entire family and Rapozo if he didn’t leave.
Rapozo did leave, got a pistol from a friend for his own protection, and had hoped to try to peacefully calm Torres down upon his return to his mother’s home, Goo said.
Goo said Rapozo saw a shotgun in Torres’ vehicle when he was leaving, and Rapozo said he thought Torres had a gun in his hand when he shot him repeatedly, killing him.
“There’s absolutely no excuse for it,” said John Murphy, county deputy prosecuting attorney, adding Rapozo shot Torres in the head “on a bad day” and that there was no indication of any physical struggle before the shooting.
Rapozo told Watanabe he is sorry for what he did, thanked her for probation in the earlier case, and said he hopes he can serve his time and get on with his life.
Rapozo, wearing an orange inmate uniform with his straight, thin black hair hanging around halfway down his back and with a mustache and goatee, had seven family members present including mother Marlene Silva and sister Ariel Silva.
The mother and sister were allegedly physically harmed by Torres during his multi-day drinking spree after which Torres’ blood alcohol content was .24 (0.08 is the BAC at which a driver is considered legally drunk), said Goo.
Goo said Rapozo was doing well on probation in the earlier case, according to his doctors and probation officer, and was put on less-restrictive administrative supervision for his good conduct.
Rapozo was “doing very well in the community,” until his funds ran short and he no longer could afford his medication and his mother began a relationship with Torres, said Goo.
“Someone did die, your honor,” said Goo, adding that his client is remorseful and has regular nightmares reliving the incident.
Torres had a history, lots of weapons and ammunition that he wasn’t afraid to use or threaten to use, said Goo. “The key is he threatened to use them.”
According to Goo, Torres told Rapozo, “If you don’t leave I’m going to shoot you,” at which point Torres ran to his vehicle, apparently to get a gun.
Police found a loaded shotgun in Torres’ vehicle, said Goo.
After being threatened, Rapozo went to his car, loaded the pistol and confronted Torres, firing until the borrowed gun was empty, said Goo.
Goo said he and Rapozo had good self-defense and mental-illness defense arguments ready if the case went to trial, and what he called a strong motion to suppress Rapozo’s post-incident statement to police.
Still, Goo said he was “grateful” for the plea agreement. “We gave up a lot, too,” to reach the compromise, he said.
“Twenty years is plenty,” and hopefully Rapozo in prison will get the type of mental-health treatment he needs and deserves, said Goo, a sentiment echoed by Watanabe.
The judge said she received lots of criticism for her probation sentence to Rapozo after the killing of Torres, and that it’s human nature to second-guess when something terrible happens.
But circumstances including a doctor’s strongly worded letter in support of Rapozo’s probation, the doctor’s belief Rapozo was not likely to re-offend, as well as a rare, strong support letter from a member of the Kapa‘a High School staff, all influenced Watanabe’s decision, she said.
Watanabe also said she took into account Rapozo’s “rough upbringing” and her own strong belief that the 2007 assault case was an isolated incident.
Attorney Ken Norelli, who represented Rapozo in the 2007 case, also wrote a powerful letter in support of probation for Rapozo, said Watanabe.
“When you killed the victim,” said Watanabe, “there was a lot of reaction,” including people saying things like “‘you see, that’s what happens’” when someone is given a second chance.
She said she was happy to hear Rapozo was trying to be a law-abiding citizen for the 10 months he was on probation before the deadly confrontation, which she called “one of the most unfortunate cases” she has ever had to adjudicate.
“A person died because of your actions,” said Watanabe.
In addition to the prison time, Watanabe ordered Rapozo to pay restitution of $4,000 (for funeral expenses), and several hundred dollars into the state crime victim compensation fund.
She also said she hopes he’ll make the best of the rest of his life after his release from prison.
The Hawai‘i Paroling Authority in the state Department of Public Safety will determine Rapozo’s exact period of incarceration, if any, beyond the 10-year mandatory minimum.
Rapozo asked to give good-bye hugs to his family before “going away for a long time,” and Watanabe allowed it.
