NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-0000719

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, 

v.

 CHITO K. ASUNCION, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CASE NO. 3CPC-22-0000735)

SUMMARY DISPOSITION ORDER

(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)

Chito K. Asuncion appeals from the Judgment of

Conviction and Sentence entered by the Circuit Court of the Third

Circuit on November 29, 2023.1 He challenges his consecutive

sentences. We affirm.

A grand jury indicted Asuncion for Attempted Murder in

the First Degree (Hawaii Revised Statutes (HRS) §§ 705-500(2) &

707-701(1)(a)); Murder in the First Degree (HRS § 707-701(1)(a));

two counts of Murder in the Second Degree (HRS § 707-701.5(1));

and two counts of Attempted Murder in the Second Degree (HRS

§§ 705-500(2) & 707-701.5(1)). Asuncion pleaded not guilty. On

August 28, 2023, under a plea agreement, he admitted to causing

the deaths of two people and causing serious bodily injury to two

other people. He pleaded guilty to two counts of Murder in the

Second Degree and two counts of Assault in the First Degree. On

1 The Honorable Robert D.S. Kim presided.

Electronically Filed

Intermediate Court of Appeals

CAAP-23-0000719

20-AUG-2024

08:10 AM

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November 29, 2023, he was sentenced to life in prison with the

possibility of parole on each of the murder counts and 10 years

in prison on each of the assault counts, to be served

consecutively. This appeal followed.

Asuncion raises a single point of error. He contends

the circuit court did not adequately state its reasons for

imposing four consecutive sentences. We review for abuse of

discretion. State v. Bautista, 153 Hawai#i 284, 290, 535 P.3d

1029, 1035 (2023).

A trial court "must state on the record at the time of

sentencing the reasons for imposing a consecutive sentence." Id.

(quoting State v. Hussein, 122 Hawai#i 495, 510, 229 P.3d 313,

328 (2010)). It must "provide clearly articulated reasons for

each and every consecutive sentence[,]" even if it uses the same

factors to support multiple consecutive sentences. Bautista, 153

Hawai#i at 290-91, 535 P.3d at 1035–36 (cleaned up) (quoting

State v. Sandoval, 149 Hawai#i 221, 236, 487 P.3d 308, 323

(2021)). That is because concurrent sentences are the default. 

Id. at 290, 535 P.3d at 1035 (citing HRS § 706-668.5(1) (Supp.

2015)).

Here, the trial court "adequately distinguish[ed]

between the need for consecutive sentences and the sentence [the]

defendant would have received under the presumption of concurrent

sentencing." Id. (cleaned up). This case involved different

events and multiple victims. See id. at 291, 535 P.3d at 1036. 

The court explained:

In this case the defendant pled guilty to two counts

of Murder in the Second Degree and two counts of Assault in

the First Degree. Defendant killed in cold blood Boyd

Maygra and Brian Macauley. Defendant stabbed Gary Nakagawa

and Alice Coleman and believed that he had killed them.

Mr. Macauley, age 62, was stabbed in the neck and

other areas on May 17th, 2022 near the Kailua-Kona post

office.

Eight days later Mr. Nakagawa, age 59, was stabbed on

May 25th, 2022 in the area of 856 Kilauea Avenue, Hilo,

Hawai#i. . . . Mr. Nakagawa was stabbed in the neck and the

back.

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Five days later after the second stabbing, on

May 30th, 2022, Alice Coleman, age 70, had been stabbed on

the left side of her throat. . . .

After that third incident eight days later on June 7,

2022 Boyd Maygra, age 48, was killed near Hale Halawai in

Kailua-Kona, Hawai#i. He had been stabbed in the collar

bone area and on the left side of his body.

All of the victims were houseless. We call them

homeless, but they were only without a house. They were

helpless when they were stabbed, generally sleeping, hurting

no one, disturbing no one.

Defendant really didn't even know them. When arrested

Mr. Asuncion said he killed them to get them off the street. 

He stated there were too many homeless and sought to kill

them to get them off the street.

After citing HRS §§ 706-606 and 706-668.5, the court

continued:

In this case the defendant with a use of a knife or

similar weapon from May 17th, 2022 to June 7th, 2022, a very

short period of time entered on a violent spree which

resulted in death and serious injury.

During that short period of time across the island --

once in Kona, twice in Hilo and then back to Kona -- killed

two people and seriously wounded two others without

provocation while they were sleeping.

. . . .

In this case two harmless people were killed and two

others seriously wounded with stab wounds to the neck or

upper body area. . . .

. . . .

The Court finds and concludes that consecutive

sentences would act as a deterrence to anyone who may

believe that murder of multiple people and violent assault

with deadly weapons will be tolerated under the law. It

will not.

The imposition of consecutive sentences in this case

will serve as a warning to all who are thinking of

committing multiple violent felonies in our State it's not

gonna be tolerated, and there's not gonna be any excuse

especially where there is no remorse and justification.

. . . .

The Court finds that the defendant is a violent and

deadly serial killer, and the Court is imposing consecutive

sentence of life and other crimes to protect our community

and to impose the maximum sentences authorized by me as a

judge under Hawai#i law. I cannot understate how serious

this case is to our community and to our people.

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The trial court adequately stated its reasons for

imposing consecutive sentences for each of the different events

involving different victims. It acted within its discretion. 

The Judgment of Conviction and Sentence entered on November 29,

2023, is affirmed.

DATED: Honolulu, Hawai#i, August 20, 2024.

On the briefs:

/s/ Keith K. Hiraoka

Andrew M. Kennedy, Presiding Judge

for Defendant-Appellant.

/s/ Clyde J. Wadsworth

Charles E. Murray III, Associate Judge

Deputy Prosecuting Attorney,

County of Hawai#i, /s/ Karen T. Nakasone

for Plaintiff-Appellee Associate Judge

State of Hawai#i.

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