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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
20-AUG-2024
08:10 AM
Dkt. 36 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee,
v.
CHITO K. ASUNCION, Defendant-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CPC-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)
Chito K. Asuncion appeals from the Judgment of
Conviction and Sentence entered by the Circuit Court of the Third
Circuit on November 29, 2023.1 He challenges his consecutive
sentences. We affirm.
A grand jury indicted Asuncion for Attempted Murder in
the First Degree (Hawaii Revised Statutes (HRS) §§ 705-500(2) &
707-701(1)(a)); Murder in the First Degree (HRS § 707-701(1)(a));
two counts of Murder in the Second Degree (HRS § 707-701.5(1));
and two counts of Attempted Murder in the Second Degree (HRS
§§ 705-500(2) & 707-701.5(1)). Asuncion pleaded not guilty. On
August 28, 2023, under a plea agreement, he admitted to causing
the deaths of two people and causing serious bodily injury to two
other people. He pleaded guilty to two counts of Murder in the
Second Degree and two counts of Assault in the First Degree. On
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The Honorable Robert D.S. Kim presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
November 29, 2023, he was sentenced to life in prison with the
possibility of parole on each of the murder counts and 10 years
in prison on each of the assault counts, to be served
consecutively. This appeal followed.
Asuncion raises a single point of error. He contends
the circuit court did not adequately state its reasons for
imposing four consecutive sentences. We review for abuse of
discretion. State v. Bautista, 153 Hawai#i 284, 290, 535 P.3d
1029, 1035 (2023).
A trial court "must state on the record at the time of
sentencing the reasons for imposing a consecutive sentence." Id.
(quoting State v. Hussein, 122 Hawai#i 495, 510,
229 P.3d 313,
328 (2010)). It must "provide clearly articulated reasons for
each and every consecutive sentence[,]" even if it uses the same
factors to support multiple consecutive sentences. Bautista, 153
Hawai#i at 290-91, 535 P.3d at 1035–36 (cleaned up) (quoting
State v. Sandoval, 149 Hawai#i 221, 236,
487 P.3d 308, 323
(2021)). That is because concurrent sentences are the default.
Id. at 290, 535 P.3d at 1035 (citing HRS § 706-668.5(1) (Supp.
2015)).
Here, the trial court "adequately distinguish[ed]
between the need for consecutive sentences and the sentence [the]
defendant would have received under the presumption of concurrent
sentencing." Id. (cleaned up). This case involved different
events and multiple victims. See id. at 291, 535 P.3d at 1036.
The court explained:
In this case the defendant pled guilty to two counts
of Murder in the Second Degree and two counts of Assault in
the First Degree. Defendant killed in cold blood Boyd
Maygra and Brian Macauley. Defendant stabbed Gary Nakagawa
and Alice Coleman and believed that he had killed them.
Mr. Macauley, age 62, was stabbed in the neck and
other areas on May 17th, 2022 near the Kailua-Kona post
office.
Eight days later Mr. Nakagawa, age 59, was stabbed on
May 25th, 2022 in the area of 856 Kilauea Avenue, Hilo,
Hawai#i. . . . Mr. Nakagawa was stabbed in the neck and the
back.
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Five days later after the second stabbing, on
May 30th, 2022, Alice Coleman, age 70, had been stabbed on
the left side of her throat. . . .
After that third incident eight days later on June 7,
2022 Boyd Maygra, age 48, was killed near Hale Halawai in
Kailua-Kona, Hawai#i. He had been stabbed in the collar
bone area and on the left side of his body.
All of the victims were houseless. We call them
homeless, but they were only without a house. They were
helpless when they were stabbed, generally sleeping, hurting
no one, disturbing no one.
Defendant really didn't even know them. When arrested
Mr. Asuncion said he killed them to get them off the street.
He stated there were too many homeless and sought to kill
them to get them off the street.
After citing HRS §§ 706-606 and 706-668.5, the court
continued:
In this case the defendant with a use of a knife or
similar weapon from May 17th, 2022 to June 7th, 2022, a very
short period of time entered on a violent spree which
resulted in death and serious injury.
During that short period of time across the island --
once in Kona, twice in Hilo and then back to Kona -- killed
two people and seriously wounded two others without
provocation while they were sleeping.
. . . .
In this case two harmless people were killed and two
others seriously wounded with stab wounds to the neck or
upper body area. . . .
. . . .
The Court finds and concludes that consecutive
sentences would act as a deterrence to anyone who may
believe that murder of multiple people and violent assault
with deadly weapons will be tolerated under the law. It
will not.
The imposition of consecutive sentences in this case
will serve as a warning to all who are thinking of
committing multiple violent felonies in our State it's not
gonna be tolerated, and there's not gonna be any excuse
especially where there is no remorse and justification.
. . . .
The Court finds that the defendant is a violent and
deadly serial killer, and the Court is imposing consecutive
sentence of life and other crimes to protect our community
and to impose the maximum sentences authorized by me as a
judge under Hawai#i law. I cannot understate how serious
this case is to our community and to our people.
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The trial court adequately stated its reasons for
imposing consecutive sentences for each of the different events
involving different victims. It acted within its discretion.
The Judgment of Conviction and Sentence entered on November 29,
2023, is affirmed.
DATED: Honolulu, Hawai#i, August 20, 2024.
On the briefs:
/s/ Keith K. Hiraoka
Andrew M. Kennedy, Presiding Judge
for Defendant-Appellant.
/s/ Clyde J. Wadsworth
Charles E. Murray III, Associate Judge
Deputy Prosecuting Attorney,
County of Hawai#i, /s/ Karen T. Nakasone
for Plaintiff-Appellee Associate Judge
State of Hawai#i.
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