RELATED PHOTO GALLERY An 87-year-old former Pagoda restaurant waitress who set fire to her longtime Liliha rental home after getting an eviction notice has received a deferral of her guilty plea to second-degree arson.
Judge Ronald Johnson on Wednesday sentenced Beverly Shimabukuro to a four-year deferral, placing her on probation for the duration.
He said the court found no evidence presented that she is likely to engage in criminal conduct again, and “I find that the ends of justice do not require a guilty adjudication and penalty at this time.”
Shimabukuro’s attorney, Christian Enright, asked that the court grant a deferral “so she does not have a felony conviction.”
She had entered into an agreement with the state by pleading to the lesser charge of second-degree arson, and was found to have suffered a temporary major depressive disorder.
After 50 years of residing in the same home, in January 2024 she was served with an eviction notice by the new owner to leave by Feb. 29, 2024.
“This created great stress, and is described by the doctors as a major depressive event, single episode. While her diagnosis does not excuse her conduct, it certainly contributed to her actions and lack of judgment on that day, ” Johnson said.
“The court believes it was a single episode of aberrant behavior, very much out of character for Ms. Shimabukuro, and does not believe it will happen again, ” Johnson said.
The judge said that the 1956 Kaimuki High School graduate was living alone, with limited family support on-island, and had no criminal history.
In 2024, three mental health professionals concluded Shimabukuro suffered from a single episode of a major depressive event, and found her fit to stand trial.
On Aug. 23, 2024, the judge accepted her guilty plea, and released her to the custody of her younger brother, who took her to live with her sister in Tacoma, Wash., while awaiting sentencing.
On Wednesday, Shimabukuro was allowed to leave the courtroom after her sentencing, after being given credit for time served at the Oahu Community Correctional Center and at the Hawaii State Hospital.
Before being sentenced Wednesday, Shimabukuro, seated in a wheelchair, told the court : “I have regretted my actions every day. And I had no idea what I did was so serious. And I’m sorry for everything because of what I did.”
Enright, thanked the court for working with him and his client.
He said she was living alone after losing her husband and son, and at the time of the incident was “extremely depressed.”
“Thank god nobody was hurt, ” and that the fire department minimized the damage, he said.
“Something positive has come of this, ” Enright said. “Her brother, sister and niece have stepped up. She’s surrounded by family.”
“To the victim whose home was damaged, we thank them for their understanding as well, ” he said.
As one of the conditions of her probation, the judge restricted Shimabukuro to reside on Oahu or in Washington state, where she has been living in Tacoma in a senior living center where her sister is.
After sentencing, Shimabukuro said she could not attend the previous hearings scheduled earlier this year because she suffered a fall and injured her back. She also contracted a respiratory virus, which caused scarring in her lungs, and has difficulty breathing.
She said she misses the warm weather and food in Hawaii, but is happy to have a studio apartment in the same building as her sister.
Shortly after the Feb. 28, 2024, fire, Shimabukuro told an Emergency Medical Services supervisor she piled items in her closet, poured some liquid on them and poured water around the pile and lit a fire.
The house sustained damage of more than $20, 000, according to the initial complaint, and Shimabukuro was arrested on suspicion of first-degree arson.
Shimabukuro’s longtime landlord died in 2023. His widow became the new landlord, and told the Honolulu Star-Advertiser she decided to sell the 1940s house because her husband said it was a fire hazard.
The new landlord said she found her tenant a new place to live, albeit one with higher rent compared to what she called the “ridiculously low ” rent for the Olona Lane two-bedroom.
Shimabukuro, likely unable to afford it, rejected the new place, the new landlord said.
Shimabukuro said after the hearing she had been divorced for some time, and her only child, who had lived with her, died of a brain hemorrhage in 2000. She continued working at the floating Pagoda restaurant until she was sidelined due to a wrist injury while in her 70s, for a total of 47 years there.
In March 2024, the new landlord, who asked not to be named, said she wanted “a humane ending ” for Shimabukuro. “We don’t think she’s a criminal. I’m hoping for a better ending.”
The new landlord did not seek restitution from Shimabukuro.
The 600-square-foot house at 1662 Olona Lane sold June 21, 2024 for $505, 000, city property tax records show.