MISTRIAL DECLARED IN MURDER CASE
STATE PLANS TO REFILE AGAINST BROTHERS ACCUSED IN LANDLORD’S DEATH
KEALAKEKUA — A 3rd
Circuit Court judge declared
a mistrial in the murder case
against two brothers after a
jury came back Thursday with
the unanimous agreement they
were “hopelessly deadlocked” in
coming together on a verdict.
The prosecution and defense
will now prepare for a second
trial in the case for Eber
FRIDAY, SEPTEMBER 21, 2018 WESTHAWAIITODAY.COM 75¢
Miranda-Garcia
and his brother
Marlon, who
are both accused
of second-degree
KAILUA-KONA — After a full morning
of public testimony and discussion
that went into Thursday afternoon, the
Leeward Planning Commission voted
to forward to the County Council a
favorable recommendation on a vacation
rental bill along with some suggestions
for changes from the Planning
Department and the commission itself.
The bill, sponsored by Kona
Councilman Dru Kanuha and North
Kona Councilwoman Karen Eoff, aims
to better regulate short-term vacation
rentals, defined specifically as rentals
with five or fewer bedrooms and where
the owner or operator doesn’t live on
site.
It’s a bid at stopping unhosted shortterm
rentals in the county’s agricultural
and residential zones.
Owners of existing rentals in prohibited
areas would be grandfathered in by
applying for a nonconforming use certificate,
which must be renewed on a yearly
basis. The bill has already gone through
the Windward Planning Commission
murder in
the killing of
their landlord,
Dolores “Lolo”
Borja-Valle in
2015.
The decision came down
Thursday afternoon when the
jury submitted a question to the
court: “We cannot reach a unanimous
decision … how shall we
proceed?”
The court’s agreed upon
response with attorneys was:
“Would you be able to render
a unanimous verdict if given
more time, or are you hopelessly
deadlocked?”
The jury, comprised of seven
women and five men, came back
with the response they were
hopelessly deadlocked.
The jurors were brought into
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the courtroom
and each asked
again if they
agreed they
deadlocked. The
agreement was
unanimous.
“The court
will discharge
the jury at this
time,” said Judge Robert D.S.
Kim. “Court finds there is true
inability to agree upon a verdict.”
At that point, Kim declared
a mistrial.
“I’d like to thank you all,” the
judge added. “This was a long
trial; you all worked very hard.”
When court was adjourned,
attorneys in the case expressed
their dismay.
Terri Fujioka-Lilley, defense
counsel for Eber Miranda-
Garcia, said she’s disappointed,
but trusts the jury did the best
it could.
Play nice
Tourists go beyond the barrier to take a selfie and a picture Thursday at Rainbow Falls in Hilo. PHOTOS BY HOLLYN
JOHNSON/TRIBUNE-HERALD
COUNTY, VISITORS BUREAU LAUNCH CAMPAIGN TO TRY TO MAKE TOURISTS MORE RESPECTFUL
INDEX Annie’s Mailbox . . . . . . . 4B Classified. . . . . . . . . . . . . . 6B Comics. . . . . . . . . . . . . . . . 5B Nation & World. . . . . . . . . 3A Opinion . . . . . . . . . . . . . . . 6A Sports . . . . . . . . . . . . . . 1B
SPOTLIGHT SOLOISTS! ON
A live performance by the 35-member
COOK ORCHESTRA
Max Bruch Concerto No. 1 by URSULA VIETZE on violin • Gabriel’s Oboe by PETER BOSTED on oboe
Trumpet Concerto in Eb by CHARLEY O’KELLEY on trumpet • Concertino fur Klarinette by DAVID
TURNER on clarinet • Chronicles of Narnia by the entire COOK Orchestra
DIRECTOR: BERNALDO EVANGELISTA
Two
Shows! SATURDAY, SEPT. 29TH AT 6:00 PM
ChamberOrchestraOfKona.com/concerts.html
SUNDAY, SEPT. 30TH AT 4:00 PM
For more information, call Dennis Yates at 808.896.2512
Featuring
ALOHA THEATRE
PRE-SALE TICKETS
Under 18: ALWAYS FREE
General Admission: $10
Preferred Seating: $20
INSIDE
WEEKDAY
WIN
Konawaena
takes down HPA
SPORTS, 1B
▼
OLD A CAR ATTACKER SENTENCED
Young gets 20 for attempted manslaughter
PAGE 4A
PROBATION AND A FINE
Ex-Police sergeant sentenced for bribery
PAGE 5A
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HI 87 LO 76 WEATHER, PAGE 6A
VOL. 50, NO. 264 18 PAGES
BY TIFFANY DEMASTERS
WEST HAWAII TODAY
tdemasters@westhawaiitoday.com
Eber Marlon
SEE MISTRIAL PAGE 5A
Commission gives
thumbs up on
vacation rental bill
MORE HEARINGS, HURDLES,
CHANGES TO CLEAR
BY CAMERON MICULKA
WEST HAWAII TODAY
cmiculka@westhawaiitoday.com
SEE RENTALS PAGE 9A
From left, Hawaii County tourism specialist Frecia Cevallos;
executive director of the Island of Hawaii Visitors Bureau Ross
Birch; county Managing Director Wil Okabe and state Rep.
Richard Onishi hold up Island of Hawaii Pono Pledge T-shirts
during a press conference Thursday at the County Building.
BY MICHAEL BRESTOVANSKY
HAWAII TRIBUNE-HERALD
HILO — A new collaboration between the Big
Island Visitors Bureau and Hawaii County hopes to
create a more conscientious tourist industry on the
Big Island.
At a press conference Thursday morning, Ross
Birch of the Island of Hawaii Visitors Bureau and
county Managing Director Will Okabe presented
the “Pono Pledge,” a public information campaign
intended to build awareness for treating the island
with respect.
The campaign is simple, Birch explained. The Pono
Pledge is a nine-line mantra affirming that, while
people can appreciate the beauty of the island, they
will not do so in a way that disrupts the environment
SEE PONO PAGE 8A
Mayor Harry Kim presents
testimony at the Leeward Planning
Commission meeting on Bill 108
Thursday at the West Hawaii Civic
Center. LAURA RUMINSKI/WEST HAWAII TODAY
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