The Honolulu Department of the Prosecuting Attorney has declined to file criminal charges in a March road rage case on the H-1 Freeway that resulted in the death of a 50-year-old man.

In a statement, Honolulu Prosecuting Attorney Steven Alm said, “After carefully reviewing all of the evidence in this case, including witness statements, we determined that Gerald Waialae, the deceased, was the initial and unprovoked aggressor in the road rage incident. We further determined that we did not have enough evidence to disprove beyond a reasonable doubt that the suspect acted in self-defense.”

The altercation occurred early on the morning of March 7 in the Kunia area.

According to police, witnesses reported two men were involved in argument while driving on the freeway at about 3 a.m. At some point, they stopped, got out of their vehicles and began a physical fight.

Soon after, Gerald “Jerry” Waialae returned to his vehicle. He drove a short distance before he became unresponsive. Emergency Medical Services personnel found him in the driver’s seat of his black Dodge Caravan between the Kapolei and Kunia off-ramps with “traumatic injuries.”

He was later pronounced dead at a hospital.

The suspect, 38, fled the scene in his vehicle.

Police opened a second- degree murder investigation. Detectives later identified the suspect and determined he had fled the state shortly after the fight and had not returned.

The police department referred the case to the prosecutor’s office. This month, the prosecutor’s office declined to file charges in the case.

In addition to the lack of evidence to disprove the suspect acted in self-defense, witnesses said Waialae appeared to be heavily intoxicated at the time of the incident and “intentionally rammed the suspect’s car from behind while driving on the freeway,” said Matthew Dvonch, special counsel to the Prosecuting Attorney.

Records show Waialae had a troubled past.

In 2012, Waialae was sentenced to a 10-year prison term in connection with an identity theft ring.

Prosecutors had described Waialae as the co-leader of the 14-member ring that stole approximately $218,500 from more than 250 residents between May 2010 and January 2011.

Waialae was convicted on multiple counts of criminal conspiracy to commit identity theft, accomplice to identity theft, unauthorized possession of confidential personal information, forgery, theft and manufacture of deceptive identification document.

The Hawaii Paroling Authority set Waialae’s minimum prison term at three years. He was released on parole in October 2015 and granted early discharge by the parole board in November 2020, according to the Hawaii Department of Public Safety.

The other ring leader, Pyong K. “Peter” Pak, was sentenced to 20 years in prison. He is currently serving his sentence at the Saguaro Correctional Center in Arizona.

Other ring members received sentences that ranged from probation to 10 years in prison.

Waialae’s criminal record also includes a felony conviction for abuse of a family or household member, two misdemeanor convictions for abuse and criminal property damage and a petty misdemeanor conviction for driving under the influence of liquor.

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Star-Advertiser reporter Mark Ladao contributed to this story.