86-year-old woman pleads guilty in Liliha arson case

An 86-year-old retired waitress at the Pagoda Floating Restaurant pleaded guilty Friday to second-degree arson for setting a fire on Feb. 28 at the Liliha home she had rented for 50 years.

Beverly Shimabukuro, who will be sentenced to four years' probation in December, was released into the custody of her younger brother by District Judge Ronald Johnson on Friday, marking her first time on the loose in six months.

She is accompanied by her brother Stanley Kobayashi of Colorado and a niece from New Mexico to her younger sister's home in a retirement home in Tacoma, Washington.

Shimabukuro was hugged by her relatives after she was released from custody.

In February, Shimabukuro, then 85, a long-time widow who had lost her only child – an adult son with whom she lived – to illness, faced eviction.

The landlord said she was selling the house because her late husband had said it was “a fire hazard.” She gave Shimabukuro 45 days' notice to vacate, until February 15.

Shimabukuro told an emergency services chief on site that she set fire to a small pile of items in a bedroom closet and poured water around them.

Police immediately arrested her on suspicion of first-degree arson and detained her at the Oahu Community Correctional Center for over a week until the judge ordered her transfer to Hawaii State Hospital on March 11, where she remained pending a mental health evaluation.

At her arraignment, her lawyer Christian Enright demanded that she undergo a psychiatric examination to determine her fitness to stand trial.

On Friday, the judge noted that the letters from the three psychiatrists were “strikingly consistent” and indicated that Shimabukuro was now fit to stand trial, “but that she was actually suffering from a major depressive disorder that included a one-time episode.”

It turned out that she received little support and help.

“The court is of the opinion that family support and help is important,” the judge said.

Johnson found that she was competent to stand trial and the case could proceed, and reopened the case.

Deputy Public Prosecutor Hon-Lum Cheung-Cheng had offered Shimabukuro a plea bargain initiated by the defense, which stipulates that she will undergo therapy if her probation officer recommends it and that her prison sentence will be counted toward time already served at sentencing.

The judge asked if she accepted the deal and agreed to the reduced charge.

She pleaded guilty to intentionally or negligently causing damage to another person's property in excess of $1,500.

Shimabukuro answered clearly: “Yes, Your Honor.”

And when the judge asked her, “What is your plea?” she replied, “Guilty.”

The judge committed to the terms of the agreement, which means that when she is sentenced on December 4, he will sentence her to four years probation, with credit for the time she has already served.

He informed her that if she violated her probation, it could be revoked and she faced a maximum sentence of ten years in prison or a $25,000 fine.

He will consider Enright's request for a deferred acceptance of a guilty plea. If she meets the terms of the deferment, her conviction could be expunged from her record.

The judge ordered a restitution study; the matter will be addressed at sentencing.

The judge ordered the bail to be revoked.

Arnel Gorai, a social worker at Hawaii State Hospital, told the family after the hearing: “This is the best decision.”