Update on Hawaii Gun Usage "Self Defense" (Read 3853 times)

changemyoil66

Update on Hawaii Gun Usage "Self Defense"
« on: May 21, 2019, 09:43:12 AM »
Any updates on the following

1) The guy in Mililani who shot someone who was hopping the fence in his back yard.  Last I heard no charges were filed against the homeowner.
2) Guy who shot at the Navy sailor who was trying to open his door and shot  thru his door is not being charged yet.  No charges on having an unregistered handgun either.  Pending.  Shooter is claiming self defense and had a cast on his foot.



Any other situations pending? 

2ahavvaii

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #1 on: May 21, 2019, 10:08:30 AM »
Any updates on the following

1) The guy in Mililani who shot someone who was hopping the fence in his back yard.  Last I heard no charges were filed against the homeowner.
2) Guy who shot at the Navy sailor who was trying to open his door and shot  thru his door is not being charged yet.  No charges on having an unregistered handgun either.  Pending.  Shooter is claiming self defense and had a cast on his foot.



Any other situations pending?

I've noticed a similar pattern over the years.  Hawaii prosecutor office does not want to acknowledge or encourage citizens to use lethal means to protect themselves.  So instead of bringing these cases to court, they'll quietly drop the case.  For both #1 and #2, that's exactly what they did, and there was some sort of statute of limitation that ran out.   My belief is the State does not want to deal with the backlash against prosecuting claimed self defense cases, as it may lead to more favorable gun laws in hawaii. They'd rather just maintain the status quo on self defense laws, while continuing to make more restrictive overall gun laws.

Somewhat similar case, note this wasnt' even inside a home or indoors.  Merely on the property, and the thief was shot in the back.



Question: Whatever happened to the case against a Kahuku farmer who was charged with murder after fatally shooting a man who allegedly threatened him while trying to steal his crops in 2004?

Answer: The Honolulu Prosecutor’s Office said it has closed the case against farmer Khamxath Baccam and will not refile criminal charges after a judge dismissed a second-degree murder charge in 2006.

Baccam was accused of fatally shooting Marcelino Pacheco, 38, who was found dead on Malaekahana Road on Sept. 7, 2004, after Baccam walked into the Wahiawa District Police Station to report the incident.

Baccam fired a shotgun in self-defense because he “faced a terrifying encounter and felt the need to protect himself,” his attorney, Todd Eddins, said at a Sept. 14, 2004, court hearing.

Pacheco bled to death from shotgun-pellet wounds in the legs and thigh. City Deputy Medical Examiner Dr. William Goodhue testified at a hearing in 2004 that Pacheco had crystal methamphetamine in his system, which contributed to the bleeding.

https://www.staradvertiser.com/2011/07/14/hawaii-news/whatever-happened-to/charges-not-refiled-against-farmer-who-shot-thief-dead/

oldfart

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #2 on: May 21, 2019, 10:24:30 AM »
It takes real dollars to prosecute criminals. If a person has a possible righteous shooting, then they are not going to spend their precious dollars and risk losing it to a sympathetic jury.
 
What, Me Worry?

changemyoil66

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #3 on: May 21, 2019, 11:30:36 AM »
I think also they don't want to open the can of worms for the Mililani guy and have "residence" defined.

zippz

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #4 on: May 21, 2019, 07:26:08 PM »
Chris Deedy's case is in the 9th circuit Court of appeals to see if he can go through a third trial.
Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

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groveler

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #5 on: May 22, 2019, 10:11:05 AM »
I think also they don't want to open the can of worms for the Mililani guy and have "residence" defined.
My residence and place of business is my fenced 5 acres.

groveler

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #6 on: May 22, 2019, 10:16:21 AM »
Chris Deedy's case is in the 9th circuit Court of appeals to see if he can go through a third trial.
Personally I think Deedy abused his authority as a cop carrying a gun.
However this BS constant pursuit by Democrat prosecutors reeks
of a typical Democrat tyrannical tactic, if you can't ruin them with a conviction,
economically ruin them with legal fees.

Flapp_Jackson

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #7 on: May 22, 2019, 10:19:43 AM »
Chris Deedy's case is in the 9th circuit Court of appeals to see if he can go through a third trial.

I agree retrying Deedy for any lesser charges under the same crime (murder, manslaughter, aggravated assault) is double jeopardy.  Those charges should have been included as choices for the jury.  Too late to go back again (and again, and again).

The Deedy appeal was filed by Kaneshiro.  I don't think he'll be going to the appeals court on behalf of the state now.  The court may see him at some point on his own behalf once he's convicted of corruption.

Hopefully Kaneshiro's replacement is smarter and just takes the two losses he can blame on his predecessor.

Saw on the news last night, the case of guy who shot through the door was dismissed due to the prosecution taking an unreasonable amount of time to try him (civil rights violation).  Charges were dropped without prejudice, meaning he can be charged again later.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #8 on: May 22, 2019, 10:36:34 AM »
I agree retrying Deedy for any lesser charges under the same crime (murder, manslaughter, aggravated assault) is double jeopardy.  Those charges should have been included as choices for the jury.  Too late to go back again (and again, and again).

The Deedy appeal was filed by Kaneshiro.  I don't think he'll be going to the appeals court on behalf of the state now.  The court may see him at some point on his own behalf once he's convicted of corruption.

Hopefully Kaneshiro's replacement is smarter and just takes the two losses he can blame on his predecessor.

Saw on the news last night, the case of guy who shot through the door was dismissed due to the prosecution taking an unreasonable amount of time to try him (civil rights violation).  Charges were dropped without prejudice, meaning he can be charged again later.

Depending if the new city prosecutor wants to make a name for themselves.  Either way, Deedy's career is over and will be on desk duty if he decides to stay.  The feds do have a very good PR control because I talked to friends on the mainland and none of them heard of a fed agent shooting someone dead.

2ahavvaii

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #9 on: May 22, 2019, 11:23:54 AM »
I agree retrying Deedy for any lesser charges under the same crime (murder, manslaughter, aggravated assault) is double jeopardy.  Those charges should have been included as choices for the jury.  Too late to go back again (and again, and again).

The Deedy appeal was filed by Kaneshiro.  I don't think he'll be going to the appeals court on behalf of the state now.  The court may see him at some point on his own behalf once he's convicted of corruption.

Hopefully Kaneshiro's replacement is smarter and just takes the two losses he can blame on his predecessor.

Saw on the news last night, the case of guy who shot through the door was dismissed due to the prosecution taking an unreasonable amount of time to try him (civil rights violation).  Charges were dropped without prejudice, meaning he can be charged again later.

He likely wont be tried again.  They'll quietly drop the case.   If the situation was different, with little justification for a self defense claim, they may have been more willing to prosecute.  Hawaii prosecutors and lawmakers do not want a case that will more clearly define hawai's self defense law.  the way they prefer it is if people are under the impression that you should retreat to the bathroom, lock the door quivering in fear and wait until the police arrive.  Not greet burglars and criminals at the front door or in your yard.

Flapp_Jackson

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #10 on: May 22, 2019, 11:25:06 AM »
Depending if the new city prosecutor wants to make a name for themselves.  Either way, Deedy's career is over and will be on desk duty if he decides to stay.  The feds do have a very good PR control because I talked to friends on the mainland and none of them heard of a fed agent shooting someone dead.

(1) Deedy worked for the U.S. State Department in 2011 under Clinton, and by extension, Obama. That means there's no political hay to be made from it. Had this been under Trump's presidency, I'm sure it would still be a CNN topic.

(2) The incident involved a federal officer shooting an unarmed man who was attacking him on video. That means there's no gun control angle, and the "Cops shooting unarmed Blacks" narrative is unsupported.

Without a national agenda, this is a local story.  Period.

At this point, people should be more upset at the State prosecutors for mishandling the case than at Deedy.  He's suffered enough. Had he been sentenced to 10 years, he'd be out on probation already.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #11 on: May 22, 2019, 11:34:07 AM »
(1) Deedy worked for the U.S. State Department in 2011 under Clinton, and by extension, Obama. That means there's no political hay to be made from it. Had this been under Trump's presidency, I'm sure it would still be a CNN topic.

(2) The incident involved a federal officer shooting an unarmed man who was attacking him on video. That means there's no gun control angle, and the "Cops shooting unarmed Blacks" narrative is unsupported.

Without a national agenda, this is a local story.  Period.

At this point, people should be more upset at the State prosecutors for mishandling the case than at Deedy.  He's suffered enough. Had he been sentenced to 10 years, he'd be out on probation already.

Since when does the fake news need support to shove a narrative in peoples face?  White cops shoot unarmed blacks and it gets national media attention.  How often does  a federal agent shoot and kill someone?  That would make more of a news story.  Granted Elders wasn't black, but he was dark enough to cause some white cop vs. minority uproar.  The media always had that agenda, even during the shooting.

So it makes me believe that the feds PR is strong and the story didn't make much national headlines.  Feds wanted to bury it in the other 49 states.

Flapp_Jackson

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #12 on: May 22, 2019, 11:55:21 AM »
Since when does the fake news need support to shove a narrative in peoples face?  White cops shoot unarmed blacks and it gets national media attention.  How often does  a federal agent shoot and kill someone?  That would make more of a news story.  Granted Elders wasn't black, but he was dark enough to cause some white cop vs. minority uproar.  The media always had that agenda, even during the shooting.

So it makes me believe that the feds PR is strong and the story didn't make much national headlines.  Feds wanted to bury it in the other 49 states.

You don't get it.  Nobody in the press was going to accuse the Federal LE agencies of racism. To what end?  Deedy worked for Obama and Clinton. The only "uproar" would have been to indict all federal employees carrying guns as racists, the same way they painted all state and local police.

Obama, the half-black/half-white Anointed One, wasn't about to be accused of having a racist administration. Political agenda of the media trumps SJW narratives.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

punaperson

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #13 on: May 22, 2019, 12:26:07 PM »
...   Not greet burglars and criminals at the front door or in your yard.
I say greet burglars and criminals at the front door or in your yard and once it's clear you reasonably believe you are in danger of grievous bodily injury, light 'em up. If not you, who? The judges already let these monkeys back out on the street time after time after time to only hurt more innocent people. Good riddance. Oh, wait, I forgot, it's Hawaii. Go lock yourself in the bathroom and hope for the best. Whatever you do, don't hurt anyone that is raping and murdering your children and wife.

Flapp_Jackson

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #14 on: May 22, 2019, 12:42:14 PM »
I don't know that "monkeys back on the streets" applies to the dead sailor, but it definitely apples to the mindset of the man inside his home when someone pounds on a door that's rarely used.

"Neighbors said even though front doors on the homes face a busy street, most are not regularly used. So someone there in the middle of the night could be alarming."

"The 41 year old man who was shot and killed, lived in the building next door."

He was reportedly too drunk to drive and had an Uber or other taxi take him home. Unfortunately, he was dropped off in front of the wrong building.  GPS only gets you so close.

https://www.kitv.com/story/37981223/navy-sailor-killed-in-deadly-ewa-beach-shooting
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #15 on: May 22, 2019, 01:00:39 PM »
He also had a cast on his foot at the time (shooter).

The city would have to prove if they do file charges that a door (barrier) is more than sufficient to stop someone who makes the homeowner believe their life is in danger.  I saw pics of the door and the jams were not damaged at all.  So not enough pounding was done to break the door down.

Flapp_Jackson

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #16 on: May 22, 2019, 01:05:40 PM »
He also had a cast on his foot at the time (shooter).

The city would have to prove if they do file charges that a door (barrier) is more than sufficient to stop someone who makes the homeowner believe their life is in danger.  I saw pics of the door and the jams were not damaged at all.  So not enough pounding was done to break the door down.

How many home invasions involve luring occupants to one door while accomplices break in at another?  I imagine more than a few.  Whether or not the door is "sufficient" in no way predicts the level of perceived danger from one OR POTENTIALLY MORE home invaders.

Threat assessment is easy in hindsight.  In the moment -- late night/early morning -- not as easy.
« Last Edit: May 22, 2019, 01:29:38 PM by Flapp_Jackson »
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #17 on: May 22, 2019, 01:16:21 PM »
How many home invasions involve luring occupants to one door while accomplices break in at another?  I imaging more than a few.  Whether or not the door is "sufficient" in no way predicts the level of perceived danger from one OR POTENTIALLY MORE home invaders.

Threat assessment is easy in hindsight.  In the moment -- late night/early morning -- not as easy.

That's why articulation why deadly force was used is important.

groveler

Re: Update on Hawaii Gun Usage "Self Defense"
« Reply #18 on: May 23, 2019, 01:54:23 PM »
I say greet burglars and criminals at the front door or in your yard and once it's clear you reasonably believe you are in danger of grievous bodily injury, light 'em up. If not you, who? The judges already let these monkeys back out on the street time after time after time to only hurt more innocent people. Good riddance. Oh, wait, I forgot, it's Hawaii. Go lock yourself in the bathroom and hope for the best. Whatever you do, don't hurt anyone that is raping and murdering your children and wife.
You and I are both
shoot, shutup,  and square it away sort of guys.
I still owe you a breakfast at Cafe 100 for the
police chief photo you posted.