A state jury on Thursday convicted Toby Stangel of murder and other charges for a 2011 highway shooting spree that left one motorist dead and two others wounded, but did not find him guilty of the most serious charges.
Even so, Stangel could spend the rest of his life in prison, as the prosecution is seeking extended sentences that would deny Stangel a chance for parole.
The Circuit Court jury deliberated for two days before finding Stangel guilty of second-degree murder, second-degree attempted murder and other offenses in the June 3, 2011, rampage that is among Hawaii’s biggest random-shooting cases.
Stangel’s defense did not dispute that he fired shots from a handgun during the 17-minute shooting spree that extended from Kaimuki to Aiea.
Tammy Nguyen, a 54-year-old Palolo mother of 10, was fatally shot as she waited in her minivan at a stoplight on Waialae Avenue. Two other motorists were wounded on the H-1 freeway, and Stangel was also charged with shooting at two police officers.
Stangel, 30, a pastor’s son who lives in Wahiawa, dodged the most serious charges against him when the jury found him not guilty of one first-degree attempted-murder charge and found him guilty of far lesser offenses in the other two first-degree attempted-murder charges.
Two of the charges accused him of trying to kill two police officers; the other accused him of trying to kill more than one person at the same time.
First-degree attempted murder carries the state’s harshest penalty of life in prison with no opportunity for parole.
Stangel’s lawyer, John Schum, said Stangel “is relieved to some degree that a great burden has been lifted.”
Stangel is still guaranteed to get at least life in prison with the possibility of parole at sentencing on July 31 because the jury found him guilty of second-degree murder and two counts of second-degree attempted murder. And he might have to spend at least 15 years behind bars before he is eligible for parole for each of those charges because he used a firearm to commit the crimes.
Deputy Prosecutor Dwight Nadamoto said he felt he presented the jurors enough evidence to convict Stangel on the first-degree attempted-murder charges. But Nadamoto said he is happy the jurors found Stangel guilty of killing Nguyen and in the attempted murders of motorists Michael Pagdilao and Amie Lou Asuncion.
Stangel might still face life in prison with no parole because Nadamoto has asked Circuit Judge Glenn Kim to impose extended-term sentences for the second-degree murder and attempted murders.
“Considering the facts of this case where he went on indiscriminately shooting at people for no reason, the safety of the public warrants that he be placed (in prison for life) without parole,” Nadamoto said.
Kim ordered the jurors to return to court Monday to determine whether Stangel is eligible for the harsher penalty. Even if the jurors find that Stangel deserves to go to prison for the rest of his life, Kim could still sentence him to life with parole.
Schum said he does not believe Stangel is a danger to the public who deserves to go to prison for the rest of his life.
“Toby has always been remorseful for what has happened. He wishes it never happened. He wishes he could go back to June 3, 2011, and never have had that day happened in his life,” Schum said.
At the beginning of the trial, Schum told the jurors that Stangel does not dispute any of the facts of the case. In closing arguments, he told them that Stangel did not intend to kill anyone. He said Stangel fought at trial only what he felt was wrong: the first-degree attempted murder charges.
Schum said he does not know why Stangel did what he did nearly two years ago but hinted that the question might be answered on Monday.
Police said Stangel fired three shots at Pagdilao on Waialae Avenue while Pagdilao was sitting in his sport utility vehicle at a red light. Stangel then walked over to Nguyen, who was sitting behind the wheel of the family van at the same traffic light, and fired 11 shots at the van, hitting Nguyen in the head. Nguyen’s daughter, Cindy, then 16, was sitting in the front passenger seat next to her mother.
She was not shot.
Stangel then drove a BMW onto the H-1 freeway, where he shot and wounded Asuncion as she was driving her pickup truck near the Houghtailing Street exit. He also shot and wounded Samson Naupoto, who was driving his truck behind Asuncion’s.
Police said Stangel continued driving west on the freeway to Aiea, where he shot at two police officers conducting a traffic stop.
Schum told the jurors Stangel did not shoot at the officers, but at a concrete wall and at their vehicles.
The jurors found Stangel guilty of misdemeanor reckless endangering for the shootings involving Cindy Nguyen, Naupoto and the two officers. They found him guilty of six firearm offenses and of possessing drug paraphernalia.
The jury was unable to reach verdicts on three drug possession charges.
Nadamoto said he might decide to drop the drug charges if he gets extended terms on the other charges.
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Staff writer Ken Kobayashi contributed to this report.