An Oahu Circuit Court jury on Tuesday found 26-year-old Hailey Dandurand guilty of second-degree murder and other charges for her role in the 2017 slaying of a North Shore woman and the kidnapping of the victim’s then-8-year-old daughter.
Dandurand appeared to weep silently and wiped away tears as the verdict was read just before noon on the third day of deliberations for the trial.
A hearing on whether she should face extended sentencing was postponed until Thursday.
Murder in the second degree carries a life term with the possibility of parole. Under extended sentencing, Judge Rowena Somerville would have option of imposing a prison term of life
without the possibility of parole, a sentence usually reserved for first-degree murder.
Dandurand, wearing a gray knit dress and with long, dark brown hair
flowing past her waist, threw her head back in exasperation when Somerville announced there would be a hearing on whether to apply extended sentencing in her case.
Tuesday’s verdict matched the one that was given to Dandurand’s then-boyfriend and accomplice, Stephen Brown, following a trial that ended in January. Brown, convicted on the same murder and
kidnapping charges, will
face extended sentencing Aug. 30.
The deadly crime spree began when Dandurand and Brown, 29, broke into a home at 59-533 Ke Iki Road in Pupukea on Dec. 7, 2017.
Telma Boinville, 51, an immigrant from Brazil who cleaned vacation homes as a side job, interrupted the burglary. She was later found in a pool of blood, her arms and hands covered in deep wounds, her head with chop wounds, and countless other injuries. Her daughter was found alive in an upstairs bedroom but bound and gagged with duct tape.
Dandurand and Brown left the scene in Boinville’s pickup truck and were arrested in Mililani several hours later.
Boinville’s daughter, now 14, provided key facts that led to the arrest of the suspects. She told police that a boy with green hair and a girl with pink hair committed the crimes.
“Telma Boinville’s daughter deserves a tremendous amount of credit for her bravery,” Prosecuting Attorney Steve Alm said in a news release issued after the
verdict. “The information she gave police led to the suspects’ arrests. Her testimony during not one but two trials helped secure convictions.”
During her trial, Dandurand’s defense admitted she and Brown burglarized the vacation rental for food but denied her responsibility for the kidnappings and killing of Boinville.
Dandurand, originally from Bend, Ore., testified that her ex-boyfriend was abusive toward her and caused her to fear she might be killed if she did not do what he said.
She admitted on the witness stand that she held a machete over Boinville while Brown went to get rope and a bag, then knelt down to bind Boinville’s hands and feet together and tied the plastic bag over her head. But she said she was afraid she would be killed, too, if she didn’t comply with his orders.
Prosecutors suggested the pair would have also killed her daughter if not for the arrival of the vacation rental guest.
Dandurand was tried on charges of second-degree murder, two counts of kidnapping, second-degree unauthorized entry into a motor vehicle, burglary and unauthorized possession of personal confidential information for having Boinville’s debit card, which she confessed to using.
Like Brown, she was convicted on all counts.
“I’m glad it’s finally over,” said Boinville’s former surfing buddy Claudia Tzaschel. “I’m looking forward to turning the page and letting my friend Telma rest.”
At the same time, Tzaschel said it was incredibly sad to watch a young woman waste her life.
“I’m still shaking,” she said hours after the verdict was read. “It’s sad for everybody.”
During the trial, Dandurand’s attorney, Barry Sooalo, asserted the “choice of evils” defense and the duress defense, complicating what the jury had to consider in 84 pages of jury
instructions.
“The ‘choice of evils’ defense justifies the defendant’s conduct if the defendant reasonably believes such conduct is necessary to avoid an imminent harm or evil to herself,”
according to the jury
instructions.
Duress is considered only if the jury unanimously finds the defendant guilty beyond a reasonable doubt of a particular crime. Since it did, the jury had to consider whether Dandurand was coerced by threat, or by force, and that she did not recklessly place herself in the situation in which it was probable she would be subjected to duress.
In the end, the prosecution’s arguments won across the board on the special defense arguments.
With the trial over, the Department of the Prosecuting Attorney is now seeking
extended-term sentencing that could result in a sentence of life in prison without the possibility of parole. The jury will hear arguments and evidence Thursday and then determine whether Dandurand is eligible for harsher sentencing.
The hearing was originally planned for right after the verdict Tuesday, but the defense asked for more time to prepare for a court proceeding that will act like a minitrial, with both sides presenting evidence. The defense is expected to call family members who will attest to Dandurand’s character.
On Tuesday, Sooalo attempted to withdraw from the case, but his request was denied by Somerville, saying it was too late in the trial.
Afterward, Deputy Prosecuting Attorney Scott Bell declined to comment about the verdict, saying he would wait to say anything until after the extended-sentencing hearing.