Convicted killer Toby Stangel dodged the prospect of spending the rest of his life behind bars for the second time in four days when the same state jury that found him guilty of killing one motorist and attempting to kill two others was not able to reach verdicts on the sentences for those charges Monday in the penalty phase of his trial.
After deliberating for just two hours, the jury said it was unable to decide whether Stangel, 30, deserves the state’s harshest penalty of life in prison without the possibility for parol for the June 3, 2011, shooting murder of Tammy Nguyen and attempted murders of Michael Pagdilao and Amie Lou Asuncion.
Deputy Prosecutor Dwight Nadamoto said he is disappointed the jury couldn’t reach unanimous verdicts.
"But we’re glad that at least some people, we don’t know how many, agreed with us that an extended term is necessary for the protection of the public," he said.
Mike Stangel, a Christian pastor, said his family continues to pray for his son’s victims and hopes that the penalty phase of the trial can now be put to rest.
"We love our son unconditionally," he said. "We know that God’s not done with him yet."
Toby Stangel now faces the mandatory life prison term with the possibility for parole for second-degree murder and for each of two second-degree attempted murders at sentencing in August.
Nadamoto said he will ask Circuit Judge Glenn Kim to impose those life prison terms back to back. He said he hasn’t decided whether he can or will ask for another jury to consider his request for life without parole.
It wouldn’t have been necessary for the jurors to consider the state’s request had they found Stangel guilty of at least one of three first-degree attempted murder charges he faced in trial. The jury found Stangel not guilty of one of the charges and found him guilty of misdemeanor reckless endangering for the other two.
One of the first-degree attempted murders was for allegedly trying to kill Nguyen and her then-16-year-old daughter Cindy in the same shooting incident, and one each for allegedly shooting at two police officers.
"The prosecution was weak," said one of the jurors who did not want to be identified by name. "The defense was weak, too. That’s why we were really struggling."
"The 12 of us had a terrible time" in trying to reach unanimous verdicts, the juror said.
The jury also found Stangel guilty of reckless endangering for another second-degree attempted murder and five firearms offenses, as well as drug paraphernalia possession, but was unable to reach verdicts on three drug possession charges.
Stangel did not testify in either portion of his trial to explain why he committed multiple shootings on Wai-alae Avenue and on H-1 freeway.
"He doesn’t know exactly why it happened. We have a pretty good idea. We’ll see if it’s even helpful or necessary for that to come out," said John Schum, Stangel’s lawyer.
The state said Stangel fired three shots at Pagdilao at a red light on Waialae Avenue, then fired 11 shots at Nguyen as she was sitting behind the wheel of a minivan at the same stoplight. Cindy Nguyen was sitting in the front passenger seat next to her mother.
Stangel then drove onto H-1 freeway, where he shot and injured Amie Lou Asuncion and Samson Nauputo, who were driving separate vehicles near the Houghtailing exit. Police said Stangel continued traveling west on the freeway and fired more shots where two police officers were conducting a traffic stop in Aiea.
Schum has said that Stangel doesn’t dispute those facts.
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Star-Advertiser reporter Ken Kobayashi contributed to this report.