Retired officer gets probation in death of Mililani pedestrian
HONOLULU POLICE DEPARTMENT
Charles T. Duncan
A 73-year-old retired Honolulu police major with more than 30 years of service was sentenced in Circuit Court this morning to five years of probation in the death of a jogger in Mililani last year.
Charles T. Duncan, retired HPD traffic investigator, pleaded no contest in July to second-degree negligent homicide. The pickup truck he was driving struck and killed Shari Afuso, 49, on Feb. 5, 2015.
In addition to probation, Duncan was ordered to perform 1,176 hours of community service and will only be allowed to drive between 8 a.m. to 4 p.m.
In addressing Afuso’s family members who were present in the courtroom, Duncan apologized “for all the pain I have caused.
“I accept full responsibility.”
Duncan was unable to hold back his tears when he told Afuso’s husband, Mark, her parents, and brother that her death was “a burden I will carry for the rest of my life.”
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After the sentencing Duncan spent time hugging and consoling members of Afuso’s family as they filed out of the courtroom.
Afuso, the courtroom manager for U.S. Magistrate Judge Kevin S.C. Chang, was struck a couple of blocks away from her Mililani home.
Police said Duncan was making a left turn off Meheula Parkway at Kuahelani Avenue when he hit Afuso, who was in a marked crosswalk. Afuso was taken to the Queen’s Medical Center, where she died the following day.
Duncan, who retired from the Honolulu Police Department in 1996, could have been sentenced to a maximum five-year prison term.
57 responses to “Retired officer gets probation in death of Mililani pedestrian”
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unbelievable
So he is: 1. NEGLIGENT, 2. KILLED A PERSON with his vehicle and gets probation. So why do other people who kill go to prison and he doesn’t? He doesn’t even go to prison for even a few months? Nothing, nada!
Could have happen to any one of us. Might happen to you one day, no? Or are you so super human ya never make a mistake…
Nonsense – how many people make a mistake and kill a person? Negligence is not the same as a mistake.
Quite a few peeps make a mistake and cause an auto accident and cause a death- thousands in the US alone each year.
The article says “negligent homicide”, it doesn’t say “mistake”. Is hitting a person in a crosswalk a “mistake”? No, it isn’t. The guy was obviously not looking where he was driving, which is negligence when operating a motor vehicle.
Most vehicle accidents are caused by “negligence” not “mistakes”.
No it is blatant disregard of traffic laws. A retired HPD traffic investigator too. If it was your mother, sister, wife or daughter in that crosswalk you would be singing a different tune. It is easy to say the things he said and act like he was sorry at court. He took a life by his reckless behavior.
I hope I never hit a pedestrian and condolences to the family.
But if I did, and killed someone, I would expect to serve some time so hugging and crying will set me free? What kind of tears? Relief that he didn’t spend one moment behind bars? It’s so wrong.
So wave1 if I ran you over while you were in a crosswalk and you had the right of way and I killed you, then it’s okay? Oh sorry, it was a mistake. That would be okay with you I guess?
Yea its called “that is life- sheet happens”. Get used to it….
wave1 – If that’s the case, why did this guy even have to go to trial? Why didn’t HPD and the prosecutors just say “that is life- sheet happens”?
You are a danger to all.
Agree. It depends on the circumstances such as poor visibility due to rain, sunlight in the eyes, etc. His attention could have been distracted by a loud noise. The article does not go into detail regarding the circumstances resented to the judge.
He shouldn’t have been driving at night, or maybe at all. Since he was ordered to only drive during daylight hours his vision must be impaired. He should have known better, he deserves to be punished but I don’t think anyone expected jail time since he’s a retired cop. They protect their own whether they’re right or wrong. I’m surprised they didn’t just sweep it under the rug they they normally do. That privilege might be afforded to only active duty cops. Still, the double standard is apparent, even after retirement.
HPD is a danger to public safety. Yikes!
Yea well who you going to call when you need help?
Hopefully if I have to call HPD, it won’t be a sick guy like you.
Or do you pack heat?
Yikes! I have noted that people who are obsessively hateful of the police are people who wanted to become officers at one time but were told that they are not suited for the career for psychological reasons or because they could not pass the entrance exam.
Who really would want to do that thankless job, and it pays so little. Security guards have a better lifestyle.
Really you better wake up on the pay issue do some research first before you write anything. I know a few cops making over 100 thousand a year plus benefits.
Wow! I’m so sorry ens623, I didn’t realize cops were so well paid. That is truly awesome. Over 100 grand. After taxes, and with the high cost of living, they would be able to rent a really small apartment in Waianae. Private school for the kids? No way, it’s Waianae all da way. They can have all that for working full schedule, plus massive overtime standing in the sun/rain being a security guard on the side of the road. Where do I sign up ens623?!!
His sentence, “the burden he will carry for the rest of his life” equates being in prison. There is hope to be release from prison but there is no freedom from guilt. My condolences to all parties concern. None have gotten justice out of this tragedy. The love and forgiveness , however, are valuables all of them will benefit – for what is worth more that material wealth than love among us. Prayers and love to all members of the Afuso’s family and Duncan.
As usual, your posts are always with compassion. You must be well-liked by everyone.
So well put Wiz. There’s people commenting here who are hell bent on revenge. This was an accident and if Mr. Duncan could take it back, I’m sure he’d do it in a heartbeat.
It’s not revenge. It’s accountability. So if you or a family member got killed because of someone’s negligence then it would be okay with you if he/she just said that he/she would carry the burden for the rest of his life? Just remember that when it happens to you or your family.
You know I have read news reports from families that have had a member murder, and they ended up forgiving the murdered. They said that was the best thing they could have done- to relieve themselves of the hate and anger that was pent up inside. Once they forgave, they said they became free again.
Spell check murdered and murderer…
So, makiki123, what would be a reasonable punishment if this happened to someone in your family? Are you so perfect that you don’t feel you’d ever make a mistake in your life? I feel that if he had been a career criminal and/or been on drugs that a prison sentence is necessary but this was an accident and you’re right I don’t know how I’d react but he seems to be a decent person so I wouldn’t want him to spend time in prison with hard core criminals.
Does anyone have the details as to what exactly happened? All I could find is he was making a left turn and she was in a crosswalk when she was struck. I really don’t think there was any criminal intent. He also said he is taking full responsibility for his actions and just looking at his pictures tells me he meant what he said and is truly remorseful of what happened. Unless there’s additional details as to what happened, I think the judge gave the proper sentence.
Yup sounds about right. However, that 1,176 hours of community service ought to teach him a lesson. As long as it wasn’t done with willful intent it seems like these losers always get off with a slap on the wrist. The victims lives are an afterthought to the still living perpetrator.
Was the retired officer drunk? That would change things. An accident is one thing, but hitting someone while driving under the influence is another. Did he hit and run? Now that would be a weasel move. Chickens#t maneuver. Why does that happen so much in Hawaii? Run over a person and scurry away. That should be minimum 25 years in prison.
Bumbye, why don’t you investigate? According to reports, no one was drunk and aid was rendered. Where do you pull your sheet from?
Investigate? It’s much faster to throw a question out there. Usually some clown that doesn’t have much going on that spends most of their day trying to be a know-it-all will give me an answer. Mostly it’s a snotty answer, but at least it’s an answer.
He’s too old to be driving at night. Hence the negligence charge. He was a traffic investigator, if ANYONE should know better, it would be him.
Did anyone really expect them to put a retired cop in jail? The only time cops go to jail in Hawaii is if the federal government presses charges. This state is literally owned by the public worker unions.
After looking at everything, I agree with the Judge. This is a pretty good guy and he took the blame from the start.
This makes no sense. So I can run people over while they have the right of wave, but hey I know I’m wrong so I’ll take the blame for it. When does it stop? Is it all good if someone takes the blame?
Well yea, if it is your “intent” to run someone over then you should pay with severe penalties, however that was not the case here…
It depends. Did you run them over intentionally or did you accidentally hit them? The sentence should fit the crime and as I mentioned in another post, I don’t think there was any criminal intent. Taking the blame doesn’t make it all good, but it’s instrumental for both parties to start the healing process.
Derick,
The news report I read weeks back had the same details you point out in your earlier post- now real details. I think it was dark at the time, or dusk if I remember. Not sure what happened in this case, but I have had instances where jogger runner run out in front of me, but hey, they’re in the cross walk right?
News Report:”Shari Afuso was jogging when she was struck and killed by a truck last week near her home in Mililani.
Investigators say she was in a marked crosswalk just after sunset when a 72-year-old male driver made a right turn and struck her last Thursday.
Afuso worked for the federal courts, and leaves behind a husband and two children.
Family members have set up a memorial fund for Shari Afuso, and the proceeds will go to help children.”
So just after sunset in February- am a sure visibility was a factor, and reason judge set new driving time limits for Duncan.
Thanks Wave for the additional details. We all make assumptions and if there was a visibility issue, you’re probably correct about the driving time limit.
Being in the crosswalk doesn’t absolve the pedestrian from all blame. I’ve had numerous joggers simply dash into the crosswalk, disregarding the flashing hand that means do not enter the crosswalk.
I take it that means you never defy the hand – and always stop your vehicle at yellow lights.
What is the “everything” you looked at? Or, is it what you just read? The article says “Police said Duncan was making a left turn off Meheula Parkway at Kuahelani Avenue when he hit Afuso, who was in a marked crosswalk” – If that was the case, he would have had to cross over at least two Meheula parkway lanes before he gets to the crosswalk. That intersection is wide open with nothing that would hide a pedestrian. There are also traffic lights and walk signals.
I drive past that intersection every day and I have no problem seeing pedestrians in crosswalks and even pedestrians approaching the crosswalks.
A person would have to be looking at something other than where he is driving or blind to not see the pedestrian.
Being a “pretty good guy” doesn’t mean he has a right to drive recklessly and kill someone.
Notice you say “I drive past that intersection every day and I have no problem seeing pedestrians in crosswalks and even pedestrians approaching the crosswalks.” The accident happened at night- big difference in visibility.
At least his apology is a real apology (“for the pain I have caused”), as opposed to the usual non-apology that defendants’ lawyers write (“for anyone who may have been hurt”). And let’s face it — when a man like John Szemkow can kill four women because he was speeding and crossing over a double-solid line, then flees the scene, then refuses to admit or apologize for what he did, and only serve a year in prison, it wouldn’t make sense for this Ducan guy to get jail time for his lesser crime. This is Hawaii, folks.
Yes, at least Duncan stayed at the scene. Or it would have been one of the many unsolved hit & run cases.
So what is the lesson from this? If you hit and kill people with your vehicle, don’t run away and then say you’re sorry at the trial. That will keep you out of prison. They should put that in the Hawaii Drivers Manual. That is justice in Paradise.
The penalty is up to the court system not the driver’s licensing section. This has been happening for many years so get used to being “bent” about the outcomes.
The lesson to me is take responsibility for your actions and that’s exactly what Duncan did. Like tygah said, the sentence is up to the courts, not the defendant.
He’s a cop so he walks. What did you expect?
Every driver, and I mean every single one of us, at times, does something negligent while driving whether it is speeding, using a telephone, texting, running a stop sign or just not being as attentive as needed. Tragically somebody died in this accident. Given the totality of the circumstances, I believe the sentence was proper and justice was served. As to the “holier than thou” people who decry the outcome of this trial, I think you are just a bunch of peckerwoods.
For some here, yes, you can kill someone and not go to prison, so you should get rid of that type of logic immediately.
You have to look at the circumstances. Was he drunk, on his cell, texting, looking at his passenger as they were chatting it up? Or none of the above and he just didn’t see her.
It seems like this was just a tragic accident. Prayers to all.
Typical Hawaiian justice. It’s all about WHO you know, & how much MONEY you have. Honolulu is one of the most corrupt cities in the entire country, this is but another example.
* Duncan was ordered to perform 1,176 hours of community service and will only be allowed to drive between 8 a.m. to 4 p.m.
* Duncan apologized “for all the pain I have caused.“I accept full responsibility.”
* pickup truck he was driving struck and killed Shari Afuso, 49
Justice serves in ‘esoteric’ ways in Hawaii.
If that was me, regular guy, I’d be doing jail time for sure.
Justice not served. His license should have been revoked and he should have been given some prison time. He killed an amazing person.