LEILA FUJI, ORI / LFUJIMORI @STARADVERTISER.COM Beverly Shimabukuro, 86, appears in the court of Judge Ronald Johnson today.
LEILA FUJI, ORI / LFUJIMORI @STARADVERTISER.COM Beverly Shimabukuro, 86, appears in the court of Judge Ronald Johnson today.
An 86-year-old widow facing eviction, who was indicted for first-degree arson after setting her rented Liliha house on fire on Feb. 28, changed her plea this morning to guilty to the reduced charge of second-degree arson.
Beverly Shimabukuro, a retired longtime Pagoda Restaurant waitress, accepted a plea agreement offered by Deputy Prosecutor Hon-Lum Cheung-Cheng, which her attorney Christian Enright initiated.
Judge Ronald Johnson agreed to be bound by the terms of the agreement when he sentences her on Dec. 4, and will place her on four years of probation.
The case was initially halted after Enright had asked for a mental health examination for his client as to fitness for trial, and she was transferred to the Hawaii State Hospital after being held at the Oahu Community Correctional Center.
Johnson found today that Shimabukuro is fit to stand trial after a panel of doctors unanimously agreed she was now fit, but that she initially suffered from a temporary mental disturbance.
The judge also ordered she be released to the custody of her brother who, along with her niece, will escort her to Tacoma, Wash., where she will live with her sister.
Enright has also filed a motion for a deferral of her guilty plea, allowing the conviction to be wiped off her record if she follows the terms of the deferral.
Cheung-Cheng amended the arson 1 charge to arson 2, a Class B felony. The court will also take up the matter of restitution at sentencing.
Johnson explained to Shimabukuro that if she does not follow the terms of probation, she could face 10 years in prison or a $25, 000 fine, and the court can order restitution for losses.
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