Fatal Waikiki Stabbing - Brycen Iona

[Dregs]

http://www.hawaiinewsnow.com/story/16575131/man-dead-after-early-morning-stabbing-at-kapiolani-park

I know this is in the logged crimes thread, but didn't want to crowd that thread with discussion, so I thought I'd open up a new one.

Apparently, Keith kaneshiro will NOT be prosecuting Michiosy Michiuo in the name of self-defense, according to 98.5 (they've been discussing this for the last 2 mornings). Trying to verify this but all I can find is that he has been released with no charges.

What do you guys think?

[SpeedTek]

JUSTIFIED!

I would love the day when and if you do something criminal and take
Someone's property they will be allowed to shoot the criminals sorry azz.

[Kingkeoni]

I also read it in todays newspaper.

Kaneshiro said "Under the code of professional responsibility, the prosecutors job is not to seek convictions, but to seek justice"

[Dregs]

Did you read some of the comments on the hawaiinewsnow site? The same usual "oh he was such a good kid. He loved babies, planted trees, raised puppies, and cared for the elderly" story  . Any good deeds a man performs through the course of his life is severely mitigated in the face of willfully using violence to take other people's hard-earned property. Violence. I don't care if he's Ghandi.

Humans throughout their existence have capably used their attached fists and their body to kill or seriously hurt others with no training whatsoever. Did he deserve to die for the property he stole? I have to say no he didn't deserve to die for the stolen item(s) in question; but when you've already crossed the threshold of doing violence unto the innocent, and force another to defend himself from you, then I think you deserve everything the victim feels he needs to do to get you to stop, up to and including death.

Definitely justified.

I'm genuinely sad for the family's loss - I can't imagine what it would be like to lose your son, brother, cousin, father, etc in such a traumatic way; but for society's sake, I hope the family stops breeding or takes a real hard look at how they're raising their brood and fixes it.

[Dregs]

Anyway besides the rant I just posted, the reason why I wanted to discuss this is Kaneshiro's position. is this a drastic change in city policy? We all remember a couple years ago when Carlisle said that (using a firearm?) to defend that poor girl who was bludgeoned to death from the 400lbs samoan out in the middle of the street "may" have been justified.

Basically, has there been precedence for them in releasing someone in Michiosy's situation (who took a life defending himself after confronting his criminals)?, or is there a game change going on?

[Funtimes]

So far, from everything I can see, Hawai'i has a pretty good stance on justified use of force.  (I guess we will see how the Deedy thing plays out).

[GZire]

Anyway besides the rant I just posted, the reason why I wanted to discuss this is Kaneshiro's position. is this a drastic change in city policy? We all remember a couple years ago when Carlisle said that (using a firearm?) to defend that poor girl who was bludgeoned to death from the 400lbs samoan out in the middle of the street "may" have been justified.

Basically, has there been precedence for them in releasing someone in Michiosy's situation (who took a life defending himself after confronting his criminals)?, or is there a game change going on?

I don't believe there has been a shift.  With regards to the Tupuola case I don't see how the C&C/State could have said anything else.  When a convict with a sawed off shotgun and a TRO bludgeons someone to death not more than 60 seconds away from the Kailua police station and does so despite the intervention of a former Marine.........kinda hard to say that one shouldn't be able to use a firearm.

[Cougar8045]

I don't believe there has been a shift.  With regards to the Tupuola case I don't see how the C&C/State could have said anything else.  When a convict with a sawed off shotgun and a TRO bludgeons someone to death not more than 60 seconds away from the Kailua police station and does so despite the intervention of a former Marine.........kinda hard to say that one shouldn't be able to use a firearm.

I think what he's pointing out is that the most textbook, cut-and-dried example of both a fully justifiable homicide and the need for civilian CCW was referred to as an incident where deadly force MAY have been justified.  If they had asked me that question, I'd have replied, "Yes."

[kanani]

Bryce had punched Julian Billion, who in fact is not even homeless, but lives in KPT, because Julian had stabbed his friend Preston who was in the back seat. The guy had already got his belongings and were chasing them. Brycen and the rest of them didn't have any weapons and were RUNNING from Julian who had the butcher knife. Julian also had a woman with him and was not alone.

[kanani]

The murderer's name is Julian Billimon ...this wasn't self defense if no mob of people were attacking him.

[Dregs]

Bryce had punched Julian Billion, who in fact is not even homeless, but lives in KPT, because Julian had stabbed his friend Preston who was in the back seat. The guy had already got his belongings and were chasing them. Brycen and the rest of them didn't have any weapons and were RUNNING from Julian who had the butcher knife. Julian also had a woman with him and was not alone.

Scenario is different than what I read, so can't really comment. This all should not have started in the first place.


 

The murderer's name is Julian Billimon ...this wasn't self defense if no mob of people were attacking him.

It doesn't take a mob to be forced to defend oneself. <-- Not implying anyone is right or wrong with this comment. Just stating a fact.

I think what he's pointing out is that the most textbook, cut-and-dried example of both a fully justifiable homicide and the need for civilian CCW was referred to as an incident where deadly force MAY have been justified.  If they had asked me that question, I'd have replied, "Yes."

That is exactly what I meant. Trying to pull up searches on him during that period, but can't really find anything that says he implied "may". Found this in a interview of sorts. Just archived comments from the old sites though. *sigh*

[vooduchikn]

The murderer's name is Julian Billimon ...this wasn't self defense if no mob of people were attacking him.

Are you the judge and the jury?

Were you present?

If you have facts relevant to the case, maybe you should go forward and deliver them to the authorities.

FYI, be careful of accusing people (which is what you have done here) on a public forum. You could be held liable for your actions in a court of law.

[Cougar8045]

Bryce had punched Julian Billion, who in fact is not even homeless, but lives in KPT, because Julian had stabbed his friend Preston who was in the back seat. The guy had already got his belongings and were chasing them. Brycen and the rest of them didn't have any weapons and were RUNNING from Julian who had the butcher knife. Julian also had a woman with him and was not alone.

I'll echo Voodu and ask how you came by this information.  The last time I heard about someone chasing a guy down and murdering him in cold blood, it turned out to be complete bullshit, made up by the lawyer representing the family.  What is your claim based on?

[Funtimes]

Bryce had punched Julian Billion, who in fact is not even homeless, but lives in KPT, because Julian had stabbed his friend Preston who was in the back seat. The guy had already got his belongings and were chasing them. Brycen and the rest of them didn't have any weapons and were RUNNING from Julian who had the butcher knife. Julian also had a woman with him and was not alone.

Sounds like you made a bunch of crap up that no one else verified in a courtroom or with the prosecutors. Sorry if we believe a government agency over some random, no name, two post person on the internet. 

The simple fact of the matter is if you assault, rape, commit burglary, or any other violent or felony offense, you deserve everything you get - whether it be jail or death.  We are not here to see senseless thugs, like the one initially described in this incident, ruin this island.

[kaneohegrown]

kanani, seems you're wrong. The prosecutor's office used security camera footage to determine the course of events leading to the eventual stabbing. The video evidence was enough to determine that the act was in fact self defense. Hence the DA's decision to not pursue charges against the victim of the robbery.

Plain and simple, if "Bryce" and "Preston" hadn't stolen someone else's property, "Bryce" would most likely be alive today. Sorry, no sympathy here for someone caught committing a crime that ended up having a "victim" who was willing to fight back.

[Dregs]

This brings up something else i wanted to cover - what kind of knife did he use, and why didn't he get a weapons charge? Could it possibly have been a "diving" knife, which is our theoretical go-to knife when discussing legality of knife carry?

[Cougar8045]

This brings up something else i wanted to cover - what kind of knife did he use, and why didn't he get a weapons charge? Could it possibly have been a "diving" knife, which is our theoretical go-to knife when discussing legality of knife carry?

I am not a lawyer, but I haven't seen where the statutes are very restrictive on knives.  They talk about dirks, daggers, etc, which all have a pretty wishy-washy meaning, but it seems to me that they're all indicative of weapons which have no purpose other than for sticking in people.  To me, the statute and the case with the diver's knife seem to agree, that a punch dagger would be illegal, but a 10" Bear Grylls survival knife, you might be able to get away with because it has useful purposes other than maiming your fellow man.  Just one man's non-legal, uneducated opinion, and I'm in no hurry to test the legal waters (I hear they're full of pirhanas and tiger sharks out here...).  YMMV, and if anyone is familiar with a portion of the HRS that I'm missing, please share. 

[Kingkeoni]

Bryce had punched Julian Billion, who in fact is not even homeless, but lives in KPT, because Julian had stabbed his friend Preston who was in the back seat. The guy had already got his belongings and were chasing them. Brycen and the rest of them didn't have any weapons and were RUNNING from Julian who had the butcher knife. Julian also had a woman with him and was not alone.

Kanani, where did you get your facts?

Were you there?

[Funtimes]

This brings up something else i wanted to cover - what kind of knife did he use, and why didn't he get a weapons charge? Could it possibly have been a "diving" knife, which is our theoretical go-to knife when discussing legality of knife carry?

We posted the Hawaii Supreme Court case a while back that said "Knives generally are not considered dangerous or deadly weapons" and that "dive knives are legal."  This was the reversal of a conviction of a criminal who was caught with a concealed dive knife in his pocket, after the police officer unlawfully searched him.

-- Not legal advice,  but I am sure we can show you the case and you can make your own opinion.  I would post it, but I don't have time to search for it right now.

[42itus]

Bryce had punched Julian Billion, who in fact is not even homeless, but lives in KPT, because Julian had stabbed his friend Preston who was in the back seat. The guy had already got his belongings and were chasing them. Brycen and the rest of them didn't have any weapons and were RUNNING from Julian who had the butcher knife. Julian also had a woman with him and was not alone.

I'm pretty sure kanani won't be back on this forum.  Deceased got what he deserved and the world is a better place because of his own actions.