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The Honolulu prosecution has refused to file criminal charges in a road rage case in March on the H-1 highway that resulted in the death of a 50-year-old man.
In a statement, Honolulu District Attorney Steven Alm said: “After carefully reviewing all the evidence in this case, including the witness statements, we have determined that Gerald Waialae, the deceased, was the original aggressor. and not provoked in the road rage incident. We further determined that we did not have sufficient evidence to refute beyond a reasonable doubt that the suspect acted in self-defense. “
The altercation occurred in the early morning of March 7 in the Kunia area.
Police said witnesses reported that two men had an argument as they were driving on the freeway at around 3 a.m. At one point, they stopped, got out of their vehicles, and started a physical fight.
Shortly after, Gerald “Jerry” Waialae returned to his vehicle. He walked a short distance before he became numb. Emergency medical personnel found him in the driver’s seat of his black Dodge Caravan between Kapolei and Kunia’s off-ramps with “traumatic injuries.”
He was later pronounced dead in a hospital.
The suspect, 38, fled in his vehicle.
Police have opened a second degree murder investigation. Detectives then identified the suspect and determined that he had fled the state shortly after the fight and had not returned.
The police referred the case to the prosecution. This month, the prosecutor’s office refused to press charges in the case.
In addition to the lack of evidence to refute the suspect acted in self-defense, witnesses said Waialae appeared to be heavily intoxicated at the time of the incident and “intentionally hit the suspect’s car from behind while driving on the freeway, ”said Matthew Dvonch. , special counsel of the Attorney General.
Records show that Waialae had a troubled past.
In 2012, Waialae was sentenced to 10 years in prison in connection with an identity theft ring.
Prosecutors had described Waialae as the co-leader of the 14-member network that stole around $ 218,500 from more than 250 residents between May 2010 and January 2011.
Waialae has been convicted of several counts of criminal conspiracy to commit identity theft, aiding and abetting identity theft, unauthorized possession of confidential personal information, forgery, theft and fabrication. of misleading identity documents.
The Hawaii Paroling Authority has set Waialae’s minimum prison sentence at three years. He was paroled in October 2015 and was granted early release by the parole board in November 2020, according to the Hawaii Department of Public Safety.
The other leader, Pyong K. “Peter” Pak, was sentenced to 20 years in prison. He is currently serving his sentence at the Saguaro Correctional Center in Arizona.
Other members of the network have been sentenced to terms ranging from probation to 10 years in prison.
Waialae’s criminal record also includes one felony conviction for mistreatment of a family or household member, two felony convictions for abuse and damage to criminal property, and one minor misdemeanor conviction for driving under the influence of the alcohol.
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Star-Advertiser reporter Mark Ladao contributed to this story.
