Nonohe Botelho says she and other family members of murder victims will ask state lawmakers to increase the penalty for second-degree murder to life in prison without the opportunity for parole, from the current life with parole.
Botelho said that Friday after a state judge rejected the prosecutor’s request to give Makuola Collins the higher penalty for killing Botelho’s son, Joel.
Circuit Judge Karen Ahn said the prosecutor did not prove that for the protection of the public, Collins qualifies for the state’s highest penalty. She said Collins, 28, does not have a prior conviction of any kind, not even as a juvenile.
The prosecutor presented testimony Friday from Jose Santos, Collins’ former co-worker at the Hawaii State Hospital, who said Collins threatened him the day before Joel Botelho’s murder, when he didn’t come up with the money he owed Collins.
Ahn sentenced Collins to life in prison with the possibility for parole, plus six years, for the Jan. 2, 2011, shooting death of Joel Botelho, 27, Collins’ former Castle High School football teammate, outside Botelho’s Kaneohe home. Ahn also ordered Collins to serve at least 15 years before he can seek parole, because he used a firearm to kill Botelho. The Hawaii Paroling Authority can set a higher minimum term. The added six years is for carrying a firearm without a permit.
A state jury found Collins guilty in December of murder for Joel Botelho’s death; attempted murder for shooting at Botelho’s younger brother Leon; using a firearm to commit the crimes; carrying a firearm without a permit; and possession of drugs and drug paraphernalia.
Chris Botelho, Joel’s father, said Collins deserves to go to prison for the rest of his life with no opportunity for release. But he said his family accepts the sentence Ahn imposed.
Nonohe Botelho, who works as a victim advocate for the city prosecutor’s office, said she will work to bring Hawaii in line with 34 other states that classify murder as a capital crime punishable by a life prison term without the opportunity for parole, or punishable by death.
