By PETER SUR By PETER SUR ADVERTISING Tribune-Herald staff writer An appeals court upheld the manslaughter conviction of an Ocean View man who was sentenced to 20 years for the shooting death of a Milolii man. During his trial, Kevin
By PETER SUR
Tribune-Herald staff writer
An appeals court upheld the manslaughter conviction of an Ocean View man who was sentenced to 20 years for the shooting death of a Milolii man.
During his trial, Kevin C. Metcalfe admitted to shooting Larry Kuahuia, 44, with a 12-gauge semi-automatic shotgun on May 6, 2009, but that Metcalfe only shot him in self-defense.
Metcalfe had testified that on the night of the shooting, he confronted Kuahuia after an alarm indicated someone was on Metcalfe’s property and Metcalfe saw via a surveillance monitor that someone was outside his greenhouse, trying to cut through a shade cloth, according to court records.
The greenhouse contained Metcalfe’s tools and medical marijuana plants. Metcalfe claims he saw Kuahuia crouched on the ground and ordered him to stay down, but Kuauia then came forward and “jumped” toward Metcalfe holding something that he believed to be a cutting instrument.
After being shot, Kuahuia ran off the property but collapsed and died on Koa Lane. Metcalfe was charged with second-degree murder but he was found guilty of manslaughter, a lesser offense, and the use of a firearm in the commission of a separate felony. The 20-year terms are running concurrently.
At his trial, Metcalfe’s version of events was challenged by police detective Walter Ah Mow and Maui pathologist Anthony Manoukian.
Ah Mow testified that a rough measurement of the size of the shotgun wound indicated that Kuahuia was shot at a distance of 60 feet. Manoukian testified that in his opinion, Kuahuia died due to a shotgun wound to the back.
Metcalfe’s attorney appealed allowing the testimony from both Ah Mow and Manoukian on the grounds that neither was qualified as an expert witness, but the Intermediate Court of Appeals dismissed the argument.
“It is clear that the disputed testimony was relevant given Metcalfe’s theory of self-defense and his claim that he shot at Kuahuia as Kuahuia charged toward him,” the court said.
The appeals court dismissed other claims from Metcalfe that the jury received incorrect instructions, or that the 3rd Circuit Court jury failed to inform the jury that there was “nothing criminal or wrong with the possession and use of medical marijuana.”
Metcalfe also claimed, without success, that his trial attorneys William Reece and Vaughan Winborne Jr. were ineffective, and also that there was insufficient evidence a shotgun is a firearm as defined by law because “no witness testified that the shotgun was a ‘firearm … for which the operative force is an explosive.’”
Said the court: “Metcalfe’s argument is without merit.”
Email Peter Sur at psur@hawaiitribune-herald.com
