Man who fatally stabbed Marine sentenced to 20 years

A circuit judge Friday sentenced an 18-year-old, who at age 16 fatally stabbed a Kaneohe Bay Marine in Waikiki, to 20 years’ imprisonment according to the terms of a plea deal.

Nicolas Earl Torres, who was originally charged as an adult with second-degree murder, avoided a life sentence with the possibility of parole by pleading guilty June 21 to the lesser charge of manslaughter.

Judge Paul Wong sentenced him to 20 years with the possibility of parole and gave him credit for time served. The Hawaii Paroling Authority, in four to six months, will determine how long he will serve before being eligible for parole.

Marine Sgt. William Brown, an 81-mm mortarman with Weapons Company, 3rd Battalion, 3rd Marine Regiment, decided to join the Marines in high school.

On Oct. 21, 2017, 15 youths attacked the 23-year-old Brown, who was with friends — two Marines and the girlfriend of one of them — when it happened sometime after 12:30 a.m., the survivors had said.

But Torres’ attorney, Myron Takemoto, said he told the court Friday that his client was not part of what was portrayed as a gang, and met most of the youths that night, although he knew some of them.

(The Waikiki Improvement Association said hundreds of teens are living on the streets of Waikiki.)

Torres was not part of the brawl that erupted, and was unaware two girls in the group offered to sell marijuana to the Marines and that the girlfriend of one of the Marines was knocked to the ground and had her purse stolen, Takemoto said.

Former Marine Brian Smith had told the Honolulu Star-Advertiser they started attacking his girlfriend first, and when the Marines tried to protect her, the others started attacking them.

Takemoto said Torres got involved because he saw his girlfriend slammed to the ground, calling out for help. He went to defend her, grabbed the knife and “poked” Brown in the armpit but never intended to kill him, he said.

The knife pierced Brown’s heart and left lung from the single stab wound, Deputy Prosecutor Lawrence Sousie said at the change-of-plea hearing.

He cited a police affidavit that Torres told a 15-year-old boy holding the knife to “stab this f—-r!” then grabbed the knife and did it himself.

Law enforcement also said he earlier threatened someone at Pearlridge Center with the hunting knife.

Takemoto said he would have disputed that, and that “some kid trying to protect himself said that.”

Takemoto said his client is “young, scared and very introverted” but managed to say a few words, apologizing to the family, but didn’t look at them.

“Nicolas is sad, not because he’s going to jail, but because he took somebody’s life,” he said.

About 10 family and friends were in court to support Torres.

In October 2017 he was living with his family and not homeless and living on the streets of Waikiki.

Takemoto said when his sister visited him in jail, he asked, “How’s the man?” and was devastated to learn he was dead.

Torres will serve time in Halawa but later may be sent to a mainland prison.

Takemoto said he could have asserted claims of defense of others, and that Brown’s group were unable to identify him.

It was instead the juveniles who were trying to avoid prosecution that did, he said.

But his client wanted to take responsibility, did not want to go through a trial and did not want the Brown family to have to sit through a trial, so he pleaded guilty, Takemoto said.

“It’s a sad day for two families,” he said.

Brown’s mother was present, and his sister’s heartfelt video message was played at the sentencing, Takemoto said.

His mother, Betty Reese- Luster, could not understand why none of the 14 others were ever charged.