You're picking up your loved one at the Honolulu International Airport.
It can be a bit chaotic depending on the time of day, so you do your best to find your party, load up and get out.
I've been dropped off and I've picked up family and friends from HNL three times in as many weeks.
I understand it.
Imagine for just a moment the anticipation and happiness at spotting your loved one (let's say your spouse) at curbside baggage claim. You stop and get out of your vehicle, give a quick "welcome home kiss" and help load his/her luggage into the trunk.
SOP - Standard Operating Procedure.
But hold on.
While you're relishing the return, a criminal lurking nearby chooses you. Yeah, you're the one. You and your ride.
He's a carjacker. He targets innocent people to steal their property. But he's different than a typical car thief. His goal is to confront you personally and use whatever force or actions necessary to obtain your vehicle. The carjacker makes it personal.
This sounds like a plot line to a thriller on the screen, but it's not.
Meet Lawrence and Rose Ching.
According to reports on Hawai‘i News Now, Rose Ching makes weekly trips to the Big Island and her husband routinely picks her up. This time Lawrence Ching stated that he had exited with the car running while helping Rose load her luggage into the trunk. “I hear the (car) door open, which was a little bit odd because I shut my driver’s door,” said Lawrence Ching. “I turn really quickly and I see someone just jump into my car. I dropped what I was doing and ran as quickly as possible to stop it," said Ching.
A motivating factor was knowing their teenage daughter was in the back seat.
“Usually, my wife goes on days that line up with our daughter’s hula practice, so our daughter was in the car,” said Lawrence Ching.
“I was just worried about my daughter, and I was in fear of her life,” said Rose Ching. “I didn’t know what was going to happen to her, and I was just worried about her safety.”
The state Department of Law Enforcement said Garrett Spencer, 25, took the vehicle with the young teenage girl in the back passenger side seat and tried to make a getaway through the congested terminal area, with Lawrence Ching in pursuit. Investigators said Spencer released the girl, unhurt, a short distance away.
Spencer escaped the confines of Honolulu International Airport, drove west on H-1 exiting on the Joint Base Pearl Harbor - Hickam off ramp leading him to the security check point gate where he was apprehended. Nice work first responders.
Here's where it gets interesting.
Spencer was initially charged with first-degree theft, first-degree unauthorized control of a propelled vehicle and kidnapping. He was also cited for criminal trespass by DOD police officers at the Hickam gate. However, just days later, the charges of kidnapping were dropped.
And the Ching family was incredulous. How can this be? How is this not kidnapping; a child was stolen?!?!
According to the State Attorney General's office the crime did not rise to the legal definition of kidnapping nor even lesser charges. The current charges, as I mentioned earlier, are now just theft and unauthorized control of a propelled vehicle. No kidnapping. And that's leaving so many with questions.
In response to the Ching's statements and others, the Department of the Attorney General sent HNN the following statement:
“We understand the concerns expressed by parents and members of the community. Prosecutors evaluate the specific facts and evidence in each case to determine which criminal charges are supported by the evidence. Based on the evidence in this case, the alleged conduct does not meet the legal elements required to charge Kidnapping or Unlawful Imprisonment. (See HRS 707-720, HRS 707-721 and HRS 707-722)."
Retired Honolulu police deputy chief John McCarthy told the station, “I totally agree with the family,” recalling similar cases in the past in which the suspect was charged with kidnapping
“He basically took that person against their will. They weren’t free to leave. They didn’t ask to go along on a joy ride. They didn’t ask to be stolen, basically have their person stolen for whatever time it was,” McCarthy added.
I invite you to take a look at the statutes cited by the Office of the Attorney General.
- HRS §707-720 (Kidnapping): Class A felony. Occurs when a person intentionally restrains another with intent to hold them for ransom, facilitate a felony, inflict bodily injury, terrorize them, or interfere with a government function. [1, 2, 3, 4]
Ok, perhaps this case does not rise to the technical definition of kidnapping. The perp did none of the above, so I'll leave it to legal experts to opine.
I ask you to consider this:
- HRS §707-721 (Unlawful Imprisonment in the First Degree): Class C felony. Applies when a person knowingly restrains someone under circumstances that expose them to a risk of serious bodily injury. [1, 2]
- HRS §707-722 (Unlawful Imprisonment in the Second Degree): Misdemeanor. Occurs when someone knowingly restrains another person. Includes legal carve-outs, such as a relative taking custody of a minor or merchants reasonably detaining suspected shoplifters. [1]
A dedicated and learned prosecutor could and should levy charges of Unlawful Imprisonment in the First Degree. The perpetrator knowingly restrained the daughter twice. Firstly, when Lawrence Ching clung to the escaping vehicle undoubtably yelling for the perp to stop while invoking his daughter's name proving that another person was in that car. Ergo, the daughter was restrained and she was exposed to the risk of serious bodily injury with risk being the operative word.
It's also apparent a case could definitely be made for Unlawful Imprisonment in the Second Degree given the above summation.
Why?
Because the criminal let the girl go. It was an admission by action that the daughter was not in that car of her own free will. By allowing her to exit confirms at the moment of the carjacking the perp knew that he committed this crime and wanted to avoid more serious charges.
But it was too late.
The effects of this crime do not end with thievery. It's a crime against innocence.
The Ching's report that their daughter now lives in fear; that she suffers from PTSD, and they are engaged in family therapy. The daughter poses the common question, "Is he going to get out? Is he going to come back?
Prosecutors prioritize having a winning record in court. The higher percentile of victories can enhance careers and propel one further on their professional path. Not all prosecuting attorneys but likely most.
If you agree with the Ching family, legal pundits, and with your own conclusions that charges against Spencer must be elevated then do something.
Contact the Office of the Attorney General, respectfully, and urge more strident prosecution of Garrett Spencer for what he illegally inflicted upon this family.
Doing so could advance the pursuit of justice for the victims.
Rick Hamada can be reached at rickhamada@aol.com.
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