The 37 -year -old man convicted of murdering former 47 -year -old lover of his spouse, Jon Tokuhara, is not going to be sentenced to life imprisonment with out the opportunity of probation.
The jury unanimously found on Friday that the State had not demonstrated past an inexpensive doubt that, for the safety of the general public, its prayer should prolong from life with the opportunity of probation to life with out the opportunity of probation.
Nonetheless, the 12 jurors couldn’t make a unanimous determination on whether or not the State had proven that Thompson’s sentence for transporting or utilizing a gun in a separate crime should prolong to life with the opportunity of probation.
Earlier than the decision on Friday, Thompson, whereas sitting with a blue -sleeved blue costume and darkish blue pants, held his hand on his mouth. However whereas he was standing through the studying of the choice, he confirmed no emotion.
Decide Paul Wong will sentence Thompson on June 27.
The hooked up prosecutor Benjamin Rose stated that exterior the courtroom that can ask the Court docket to have the 2 sentences that might be executed consecutively, and also will ask Hawaii’s probation authority for a excessive minimal sentence.
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He stated that the necessary minimal prayers for all times with probation can differ from 15 to 30 years primarily based on a number of elements that embrace the regret and historical past of a defendant.
The choose thanked the jurors for his service for the final time, saying that they’re the oldest jury he has had in his courtroom, and provided them time to debate the trial with him and the attorneys after the listening to.
DNA’s proof was key to jurors by returning a guilt verdict, he stated a supply with data of his dialogue.
The attorneys broke their silence with the media on Friday concerning the guilt verdict on Tuesday for the reason that determination on the extended sentence listening to had been pending.
Thompson’s lawyer, Nelson Goo, stated he was upset with the guilt verdict, however was glad with the choice towards the prolonged sentence.
“We are going to enchantment, and we imagine there are a lot of appealable issues,” he stated, referring to the guilt verdict.
Goo declined extra feedback since there are pending litigation, referring to a lawsuit for unfair demise filed by Tokuhara’s mom towards Thompson and his spouse, Joyce.
Rose stated: “We’re very glad with the jury’s verdict final week. We’ve got lastly been capable of deliver justice to the Tokuhara household. We’re extraordinarily grateful to the jury for his onerous work on this case. … They did their job and introduced justice to their household. “
Rose stated he would preserve the dialogue with the jury in personal, however mentioned the choice to reorganize the case of the State after the primary trial in 2023 resulted in a null trial.
“After the primary trial, we determined to return to methods to deliver extra proof, together with the proof of DNA that was extra conclusive, in addition to a hearth investigator of the Honolulu Fireplace Division … to discredit the speculation of protection that the hearth within the yard was Tiki Antorches. The truth is, it was a hearth to destroy the proof.
“These two key exams this time, I believe, helped to persuade the jury past an inexpensive doubt that Eric Thompson was responsible past an inexpensive doubt of killing Jon Tokuhara.”
He stated that though a lot of the proof was circumstantial, DNA’s proof was direct proof that Thompson was the assassin.
The DNA was crushed by a dice hat that fell from the top of the principle suspect whereas operating from the scene of video surveillance video homicide, and was left behind on the bottom.
The hooked up prosecutor Joel Garner skillfully managed the proof of the DNA of the trial, which included very detailed proof on using the Police Division of the Probabilistic Genotipado Software program by Cybergenetics, an exterior firm.
Garner additionally questioned the credibility of protection professional witnesses who tried to refute the proof.
The primary check didn’t deal with the outcomes of the Cybernetics Trurallele software program, which decided the excessive chance that the DNA of the hat belonged to Thompson.
The Crime Laboratory of the Honolulu Police Division nonetheless didn’t have that capability and sought the exterior providers of Cybergenetics. The evaluation of the DNA proof crime laboratory was not conclusive. HPD now makes use of probabilistic genotyped.
“Sadly, within the first trial we couldn’t current the proof of DNA offered by Cybergenetics as a consequence of delays in discovery issues,” Rose stated.
Rose stated that the state’s case additionally trusted video surveillance, the jury listening to the historical past of the accused and “seeing via his lies”, together with his alibi that was within the Waimanalo dump.
“We have been allowed to make cheap inferences, and we have been profitable on this case,” he stated.
Tokuharas stated in a written assertion:
“Sadly, there aren’t any winners on this scenario. This has been a painful and heartbreaking journey for all concerned. Whereas we imagine justice has been served, it doesn’t deliver Jon again or erase the ache and deep loss we really feel day by day. A life was misplaced. Households have been shattered, and nothing can actually do something proper.
“We’re grateful for the arduous work and the dedication of the prosecutor’s workplace, the Honolulu Police Division and the jurors. His dedication to hunt reality and defend justice has meant lots for us throughout this troublesome time. Thanks, additionally to our household and pals to your unwavering assist and power all through this emotional course of.
“We consider Jon day by day and we are going to keep in mind his kindness, dedication and love for our hometown of Waipahu, and absolutely the pleasure that he dropped at these round him. His reminiscence and legacy will all the time stay in our hearts. “
Nicole Trazo, 53, who attended each trials, stated: “Jon was my greatest pal for 35 years. He was everybody’s greatest pal. “
She stated she was glad with the decision, and though she brings closure and justice for the household and pals, she will be able to by no means deliver him again.
Throughout the closing arguments on Thursday morning, Goo stated that the state’s arguments to increase prayer have been “inadequate” and that “life with the opportunity of probation is already substantial.”
He stated that Thompson has no earlier historical past of arrests or convictions, and that he might be supervised for all times beneath a probation officer.
“Eric Thompson is compassionate, hardworking, beneficiant together with his time,” Goo stated. He’s variety to animals and loves youngsters, he stated.
Rose stated Thompson, “When he confronted a failed marriage, he selected to kill. … He selected to take a son from his mom. Lilly Tokuhara by no means had the chance to say goodbye to her son. “
He stated that Thompson struggled lots to cover his id and took the time to rigorously plan the homicide.
“He’s a assassin condemned by stone,” Rose stated. “When somebody like that decides to commit a homicide, killing somebody is a hazard.”
He referred to as the 12 firearms recovered from his home his “arsenal of demise.”
Rose stated that “the State doesn’t say why you’ve firearms, you’re a dangerous particular person or a harmful particular person. However when you’re a convicted assassin and a weapons fanatic, that ought to scare any cheap particular person.”
Wong reminded the jury earlier than they entered the jury room to deliberate: “It can’t be influenced by the pity by the defendant or the eagerness or prejudice towards the accused.”
Rose, who has been within the case since January 2022, when the homicide occurred, stated the judgments have been the results of a staff effort. He stated that each one of Co-Abogado Garner, who served in each judgments, the principle detective Kaiminaauao Mead, the murder lieutenant of the Thuemmes, in addition to different members of the police personnel, the firefighters and the prosecutor’s workplace labored onerous within the case.
“That is an emotionally loaded case. You’ve gotten households which can be very near their respective individuals. The Tokuhara household was there day by day. The Thompson household was there day by day. There have been no winners on this case.
“Lord. Thompson goes for his life, and his household must dwell with that,” Rose stated. “He victimized them as a lot because the Tokuhara household, in addition to the neighborhood on the whole.”
Wong informed the attorneys earlier than he loved seeing his “area” and identified that the times of a lawyer might be counted.
For Goo, who has been very lively as a protection lawyer, even in quite a few instances appointed by the Excessive Profile Court docket, this can be one in all his final trials for homicide in his 4 a long time profession.
He stated he stopped taking new instances in November.
“I am ending my follow, however I nonetheless have 5 extra murders.”