A Kihei man was sentenced to 20 years in prison for manslaughter in the death of a store manager that he hit in his haste to drive away with stolen beer.
At around 5:30 a.m. on December 23, 2012, Attorney Cary Virtue Client entered a Kihei Longs Drug Store and picked up a 30-pack of beer. Schmidt, who was 29 at the time, was told multiple times that he could not purchase alcohol until 6 a.m. under Hawaii law. He took the beer without paying for it and got into the driver’s seat of a sedan, where his girlfriend was waiting in the passenger seat.
Store manager Jamie Hozaki, 61, and another Longs employee Tracie Smith followed Client to the car. Hozaki opened the driver’s door and asked for the beer back when Client suddenly backed out of the parking stall, hitting both employees in the process.
Hozaki was thrown to the ground and admitted to Maui Memorial Medical Center with a severe brain injury. He was pronounced dead on December 28. Smith had to leave her job at Longs, where she worked for over 6 years, because she was depressed and felt unsafe.
Client was arrested on December 24 in connection with an abuse charge and later identified as the shoplifter. At around 2 p.m. the same day of the Kihei Longs incident, Client’s girlfriend called police to report that Client had physically abused her. Client was issued a warning citation to stay away from his girlfriend and not to return to his Aliilani Place residence for a 24-hour period. Police arrested Client when he violated this warning citation and was seen leaving his residence at 10:45 the following morning.
As part of an agreement to dismiss first-degree robbery and third-degree assault charges, Client pleaded no contest to manslaughter.
Client’s attorney Cary Virtue made the case that Client had no prior criminal record but had a long history of mental illness, being diagnosed with schizophrenia as a teenager and having frequent hospital stays in Washington state.
When Client moved to Hawaii, his sister, who has experience helping people with mental and emotional disabilities, relocated to Oahu so she could be closer and keep an eye on him. His mother and brother, who flew in from Seattle for his sentencing, gave condolences to Hozaki’s family and offered to put in hard work to ensure Client received treatment and support.
Three court-appointed mental health professionals examined Client and determined he was mentally stable enough to know what he did was wrong. Second Circuit Judge Peter Cahill didn’t feel it was fair to place the heavy responsibility of supervising Client on to his family. Cahill said that Client’s mental illness was a contributing factor but that alcohol played a larger role in this case, pointing out that Client had no money on him when he went into Longs so he intended to steal the beer “because he has an alcohol problem,” the judge said. Furthermore, he didn’t give the beer back when asked, left the scene with two people injured, and did not turn himself in.
Client appeared remorseful and told the court, “It’s going to be my life’s burden to help others and do the best I can with my life. I don’t think I can truly express my sorrow, but it’s there.”