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Family outraged after prosecutors drop case in fatal road rage stabbing

Published: Sep. 22, 2021 at 10:09 AM HST|Updated: Sep. 23, 2021 at 6:33 AM HST
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HONOLULU (HawaiiNewsNow) - The family of a man who was fatally stabbed in an altercation on the H-1 Freeway is outraged after prosecutors decided to drop the criminal case.

The city Prosecutor’s Office said Wednesday that it has decided to “take no further action” in the case.

Gerald “Jerry” Waialae, 50, died in the road rage incident after suffering several stab wounds. His wife, Marilyn, said Wednesday that she’s “disappointed in our judicial system.”

“I don’t know how anyone can get away with what they did,” she said.

The stabbing happened March 7 around 3 a.m. on the H-1 Freeway in Kunia.

Prosecutors say after reviewing all of the evidence in the case, they determined that Waialae was the aggressor in the road rage incident.

[READ MORE: ‘Person of interest’ in deadly road rage stabbing located on the East Coast]

“They told us self-defense, but we’re not accepting that,” Marilyn Waialae said.

Megan Kau, a defense attorney and former prosecutor not associated with the case, was surprised to hear the development because Waialae was unarmed.

“If the suspect had a knife on the person and the victim did not have any other type of weapon, it would be extremely surprising for the government to find that the defendant or the suspect was acting in self-defense,” she said.

Prosecutors, however, said Waialae was 6-foot-8, weighed about 300 pounds, and appeared to be heavily intoxicated at the time of the stabbing.

They also said that witnesses reported Waialae intentionally rammed the suspect’s car while driving on the freeway and had a violent criminal history with multiple felony convictions.

But Marilyn Waialae says her two teenage daughters said the other man started the incident.

“This man was instigating my husband and my husband was upset because he kept cutting them off on the road and he was upsetting my husband and that’s the reason why he got out of the car. My children were in the car,” she said. “He was waiting for my husband with that weapon in his hand.”

The 38-year-old suspect fled the scene and eventually left the state. He was located on the mainland, but he was not forced to return because he was never charged.

“If it was self defense he wouldn’t have fled the island. If it was self defense he would have called the cops, 911, ‘I stabbed someone. Can you check on him?’ What did he have to hide and flee the state for if it was self defense,” said Marilyn.

There is no statute of limitations on murder cases, which means prosecutors could still pursue this case again at any time.

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