Judge acquits man in 2014 stabbing, but case continues

A 32-year-old man accused of stabbing three people in Hilo nearly four years ago was acquitted of two charges of second-degree attempted murder and one charge of first-degree assault “for reason of insanity.”

Varaha Mims appeared Wednesday in Hilo Circuit Court for a trial by judge on one charge of first-degree attempted murder and three counts of second-degree attempted murder in connection with an incident May 23, 2014, in which he was accused of stabbing three people in Hilo, critically injuring two.

Since his arrest, Mims’ psychological state was repeatedly called into question following mental examinations. In May 2015, he was found unfit to stand trial until, in November of that year, he was determined to be fit to proceed again.

Mims’ attorney, Deputy Public Defender Michael Ebesugawa, said during Wednesday’s trial that both sides already agreed to an acquittal. However, the trial continued anyway, ending with the dismissal of the charge of first-degree attempted murder and reduction of a charge of second-degree attempted murder to one of first-degree assault.

The trial focused on the attack on Mims’ alleged second victim, Skylar Nelson of Pahoa. The question, Ebesugawa said, was not whether Mims attacked Nelson, but whether he did so with the intent to kill.

Deputy Prosecutor Sylvia Wan argued that witnesses reported a streak of aggressive and disturbing behavior from Mims in the hours preceding the attack. One witness claimed he performed “martial arts poses” outside her home; another claimed he jumped from a second-floor balcony to verbally confront her. Another, Wan said, claimed she heard Mims aggressively rapping about his desire to “stab bitches” hours before he allegedly stabbed Nelson.

“He did what he said he would do,” Wan said.

Wan said that shortly after midnight, Mims greeted Nelson, then 28, and Hilo woman Sarah Steinbrecher, then 27, near the Hilo Town Tavern. Although Mims acted familiar with the pair, they had never met before.

Wan said Mims then followed the pair, verbally harassing them loudly before Steinbrecher told him to leave them alone. Mims then reportedly struck Steinbrecher in the back with an unknown implement before striking Nelson in the stomach with the same implement.

Wan said Mims then left the scene and later allegedly attacked his former landlord, Raghunatha John Giuffre, then 49, in Wainaku.

Although Steinbrecher’s injury was superficial, Nelson and Giuffre suffered critical injuries. In particular, Wan said, Nelson sustained damage to his aorta, vena cava, duodenum and gall bladder, the latter of which had to be removed. Had Nelson not received swift medical treatment, he likely would have died, Wan said.

Wan pointed to Mims’ reported erratic and aggressive behavior prior to the attack as an indication that he intended to kill his victims. Ebesugawa was unconvinced.

Ebesugawa acknowledged that Mims did attack the three victims, but said there is a “big difference between wanting to hurt people and wanting to kill people.”

Ebesugawa described a version of the incident where Mims approached Nelson and Steinbrecher and was rebuffed, only to retaliate with an attack that was finished “in the blink of an eye.” Mims’ alleged attack, Ebesugawa said, was described as too fast and too erratic — a witness said he was “flailing” — to have struck Nelson in the stomach with intent to kill.

Furthermore, several mental examiners concluded Mims was significantly psychologically impaired after the incident, to the point where he could not have formulated any kind of intent, Ebesugawa said.

Finally, Ebesugawa said no conclusion could be drawn from Mims’ choice of weapon, as the weapon was never recovered and the victims’ injuries did not indicate what it could have been.

Hilo Circuit Judge Henry Nakamoto dismissed the first-degree attempted murder charge, and, determining Wan had not proven Mims’ intent beyond a reasonable doubt, reduced one of the second-degree attempted murder charges to first-degree assault. Then, based on a review of doctors’ reports, Nakamoto acquitted Mims of all charges.

Mims was remanded to the custody of the director of the state Department of Health, and will face a fourth round of mental examinations. After the examinations, a disposition hearing will be held to determine his fate. He is due in court again at 9:30 a.m. June 15.

Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.