Man challenges conviction for killing friend, claims Hawaiian sovereignty

Joel Botelho’s parents are outraged that the man who asked for their forgiveness for killing their son is claiming Hawaiian sovereignty to have his manslaughter conviction thrown out.

Makuola Collins, 34, pleaded guilty in August 2017 and agreed to a 30-year prison sentence as part of a plea deal with the state. He had been charged with murder in the January 2011 shooting death of his longtime baseball and football teammate, classmate and childhood friend.

After the plea hearing, the judge allowed Nono­he and Chris Botelho to have a private talk with their son’s killer. The Botelhos also reached out to Collins’ parents in an effort to bring closure to all of them.

Collins, 34, who is serving his prison sentence in Arizona, however, signed paperwork in September asking to withdraw his guilty plea. He claims that his lawyer and the prosecutor failed to inform him of evidence in his favor and that he was coerced into pleading guilty. Collins also claims that the state courts do not have jurisdiction because he is a citizen of the Kingdom of Hawaii, which has no treaty with the state.

“I was hurt as a Hawaiian,” Nonohe Botelho said at a gathering of supporters at the state Capitol Wednesday. “I don’t believe that our kupuna nor those who still fight for native rights foresaw their efforts as a means for violent criminals to reduce their sentence or to get out of jail free.”

Chris Botelho said he feels betrayed.

“Because we truly felt that it was genuine, his asking for forgiveness, his admission of guilt,” Chris Botelho said.

State and federal courts have consistently rejected Hawaiian sovereignty jurisdictional claims.

The Hawaii Paroling Authority set Collins’ minimum sentence at the 25 years the state recommended as part of the plea deal.

The parole board, however, is having a new minimum hearing on Oct. 30 to correct procedural deficiencies of the previous hearing.

Joel Botelho died of a gunshot wound to his chest in January 2011 outside his parents’ Kaneohe home. He was 27.

A state jury found Collins guilty in December 2011 of murder. The forensic pathologist who performed the autopsy testified that Botelho was probably on his knees when he was shot.

The Hawaii Intermediate Court of Appeals overturned the conviction and sent the case back to the Circuit Court in 2015 because the prosecutor did not let Collins know of the forensic pathologist’s expert opinion before trial.