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Commendations - Hawaii Police Department | Hawaii Police Department. Skip to content. Home; ... Kawa Salas and John K. Iopa trial and the events that preceded it. ... Kevin Metcalfe. Commendations Often the dedication of our officers and staff earn them commendations from the chief or letters of appreciation from the public. To find out how you can express your appreciation for one of our employees, visit our Feedback page. Below are links to recent commendations and letters of appreciation. Letters of appreciation from the public: Officer John Smith Jr. and Dispatcher Keven Lee for their contributions to State v. Kevin Metcalfe. >> Read >> more.


Hawaii Man Gets Ripped Off and 20 Years - Cannabis.com | Local News Pot guardian receives 20 years for slaying > Metcalfe's attorneys, William Reece and Vaughan Winborne Jr., argued that Kuahuia charged Metcalfe with a rusty coping saw, and therefore the slaying was self-defense. They said Metcalfe had been burglarized numerous times and was living in fear, citing a police response time of nearly a half-hour from the Naalehu station to Ocean View as a factor.

"Whatever happened that night, whatever the jury, after their deliberations, found and concluded, you may disagree. ... But there's one evidence that I don't think is in dispute. Mr. Kuahuia was shot in the back," Judge Ronald Ibarra told Metcalfe in Hilo Circuit Court. Four relatives of the slain man spoke, including Kuahuia's widow, Angela.

"I've looked in the Bible to try and find some peace and maybe some forgiveness. But I can't find any forgiveness," she said. "If I said I forgave anybody, I would be lying." At one point, Angela Kuahuia turned toward Metcalfe, his attorneys, and his numerous supporters in the gallery, and began shouting.

Deputy Prosecutor Rick Damerville said Metcalfe's medical marijuana certificate had lapsed when the shooting occurred. He accused Metcalfe of lying when registering the shotgun by swearing he wasn't addicted to marijuana or using the drug unlawfully.

"He got a loaded gun, addicted to marijuana, and on the night of May 6, 2009, he had an impairment of his judgment that resulted in the unnecessary killing of a human being," Damerville said. Winborne said 48 people submitted letters attesting to Metcalfe's helpfulness and generosity.

Outside the courtroom, Tom Martin of Ocean View called Metcalfe's conviction and sentence "the grossest miscarriage of justice I've seen in 68 years." "That son of a bitch was nothin' but a thief," he said of Kuahuia. "Me and my friends, we had him on tape a-stealin'. It doesn't matter what he was stealin'. 'Thou shalt not steal.'"

Martin said it wasn't right that Kuahuia's relatives were allowed to speak but Metcalfe's friends were not. "We were both really scared," she said. "I know he really does feel that he was defending his life. ... I believe the police would have helped if they could, but they couldn't, because they were too far away to help." >> Read >> more.


Pot grower gets 20 years for killing | A Big Island man who was guarding his medical marijuana when he shot and killed an intruder has been sentenced to 20 years in prison. Kevin Metcalfe of Ocean View had stood trial for murder in the death of Larry Kuahuia. But a Circuit Court jury convicted Metcalfe of manslaughter, deciding the May 6 shooting was reckless rather than premeditated. Police and prosecutors said Kuahuia was on Metcalfe's property to steal marijuana from a greenhouse. Defense attorneys argued that Kuahuia attacked Metcalfe, 49, and that the shooting was self-defense. >> Read >> more.


LiveLeak.com - Man Who Shot Pot Thief is Sentenced | (03-27-10) HILO - A Big Island man who was guarding his medical marijuana when he shot and killed an intruder has been sentenced to 20 years in prison. Kevin Metcalfe of Ocean View had stood trial for murder in the death of Larry Kuahuia. But a Circuit Court jury convicted Metcalfe of manslaughter, deciding the May 6 shooting was reckless rather than premeditated.

Police and prosecutors say the 44-year-old Kuahuia was on Metcalfe's property to steal marijuana from a greenhouse. Defense attorneys argued Kuahuia attacked the 49-year-old Metcalfe, and the shooting was self-defense. Hawaii County Deputy Prosecutor Rick Damerville says Metcalfe's medical marijuana certificate had lapsed by the time of the shooting >> Read >> more.


Hawaii Man Gets Ripped Off and 20 Years > Local News > Pot guardian receives 20 years for slaying - Victim's wife: Metcalfe 'worst kind of thief' - by John Burnett, Tribune-Herald Staff Writer | Published: Friday, March 26, 2010 -- An Ocean View man convicted of manslaughter for shooting and killing an intruder was sentenced Thursday to 20 years in prison. Kevin Metcalfe, 49, also received a 20-year sentence for using a firearm in the commission of a separate felony. The terms will run concurrently.

Metcalfe shot and killed 44-year-old Larry Kuahuia at about 10:30 p.m. on May 6, 2009. Police and prosecutors said Kuahuia -- whose criminal record included five convictions for felony -burglary and two for felony theft -- was on Metcalfe's property to steal marijuana from a greenhouse. Prosecutors had charged Metcalfe with second-degree murder for shooting Kuahuia in the back with a 12-gauge shotgun, but the jury ruled the homicide was reckless instead of intentional and returned a manslaughter verdict.

Metcalfe's attorneys, William Reece and Vaughan Winborne Jr., argued that Kuahuia charged Metcalfe with a rusty coping saw, and therefore the slaying was self-defense. They said Metcalfe had been burglarized numerous times and was living in fear, citing a police response time of nearly a half-hour from the Naalehu station to Ocean View as a factor. ... Cannabis Forums Message Boards - Medical Marijuana, Cannabis Club, Dispensary, News > News, Politics and Legal > Legal ... Cannabis FAQs Cannabis Club Directory ... Legal Issues including laws, arrests, warrants, current and past law cases, legal theories, etc.


There are 2 comment(s) to this story.


pepurr wrote on Mar-29-2010, 13:03
"It is unfortunate that one man had to die because he coveted his neighbors goods. It is also unfortunate another looses his freedom defending his home, self, family and property.

I believe if there were more guns in people's homes, and the thief's knew it, there would be very much less home invasion. People do have a right to protect themselves from others who would do them harm.

We, as marijuana users, are on the verge of a great social breakthrough. The impending legalization of our drug of choice. We are going to have many people, who would deny us this, working hard to stop it, and will look for any opportunity to put us in a bad light. Therefore, it is up to us to convince them fence sitters to come over to our side.


Micsog wrote on Mar-29-2010, 21:04
"i think it's most cowardly to shoot a man in the back if he was running let him run but if you can get the best of him when his back is turned then thats another story


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Big Island shooting over marijuana leads to 20-year sentence | Associated Press > HILO, Hawaii — A Big Island man who was guarding his medical marijuana when he shot and killed an intruder has been sentenced to 20 years in prison. Kevin Metcalfe of Ocean View had stood trial for murder for the death of Larry Kuahuia. But a Circuit Court jury convicted Metcalfe of manslaughter, deciding the May 6 shooting was reckless rather than premeditated. Police and prosecutors say the 44-year-old Kuahuia was on Metcalfe’s property to steal marijuana from a greenhouse. Defense attorneys argued Kuahuia attacked the 49-year-old Metcalfe, and the shooting was self-defense. Hawaii County Deputy Prosecutor Rick Damerville says Metcalfe’s medical marijuana certificate had lapsed by the time of the shooting. >> Read >> more.


Pot guardian gets 20 years for slaying by John Burnett Stephens Media | Friday, March 26, 2010 - HILO --An Ocean View man convicted of manslaughter for shooting and killing an intruder was sentenced Thursday to 20 years in prison. Kevin Metcalfe, 49, also received a 20-year sentence for using a firearm in the commission of a separate felony. The terms will run concurrently.

Metcalfe shot and killed 44-year-old Larry Kuahuia at about 10:30 p.m. May 6. Police and prosecutors said Kuahuia -- whose criminal record included five convictions for felony burglary and two for felony theft -- was on Metcalfe's property to steal marijuana from a greenhouse. Prosecutors had charged Metcalfe with second-degree murder for shooting Kuahuia in the back with a 12-gauge shotgun, but the jury ruled the homicide was reckless instead of intentional and returned a manslaughter verdict.

Metcalfe's attorneys, William Reece and Vaughan Winborne Jr., argued that Kuahuia charged Metcalfe with a rusty coping saw, and therefore the slaying was self-defense. They said Metcalfe had been burglarized numerous times and was living in fear, citing a police response time of nearly a half-hour from the Naalehu station to Ocean View as a factor. Deputy Prosecutor Rick Damerville said Metcalfe's medical marijuana certificate had lapsed when the shooting occurred. He accused Metcalfe of lying when registering the shotgun by swearing he wasn't addicted to marijuana or using the drug unlawfully.


There are 100 comment(s) to this story.

Ocean View_HI wrote on Apr 1, 2010 4:29 PM:
" The buckshot is still there,good luck finding it.It's (tragically) "funny" how people comment ( and decide someone's fate ) about this case ,without ever really "knowing" Ocean View. "


local12 wrote on Apr 1, 2010 2:28 PM:
" jahneen - "Unfortunately this testimony did not come out in the trial." How did the prosecutor prevent this at trial? The police stated there was no evidence of initial shot that Metcalf shot into the ground. Where did the buckshot go that was fired into the ground? "
jahneen wrote on Apr 1, 2010 11:24 AM:
" (cont'd) 6) Larry was NOT running down the driveway when he got shot. I have been to the site. The area where this occurred is a small flat area at the top of the driveway. The driveway slopes down immediately, and at quite a steep angle, from where this happened. If Larry had been even TWO STEPS down the driveway, he would have been at a DOWNWARD angle from Kevin. BUT THE CORONER TESTIFIED THE BIRDSHOT WENT IN HORIZONTALLY, WITH NO UPWARD OR DOWNWARD DEVIATION. This PROVES he was NOT running away!! . "
jahneen wrote on Apr 1, 2010 11:14 AM:
" (cont'd) Kevin himself didn't even understand how the shot went into his back until we acted out the entire event, and realized that when Larry spun to the right, it made the side of his back face toward Kevin. Unfortunately this testimony did not come out in the trial. 5) Larry was VERY close to Kevin, NOT 60' away. Kevin says they were about 3-4 steps apart. The "60 feet" number came from the coroner, who I saw testify at the preliminary hearing that he was just using a "rule of thumb" that was NOT scientifically accurate. "
jahneen wrote on Apr 1, 2010 11:02 AM:
" (cont'd) At that point, Kevin's life was in mortal danger. He was just trying to keep the gun out of Larry's hands. When Larry KEPT coming at him, Kevin was forced to fire again to save his own life. 4) When Kevin fired again, Larry spun to the right to attempt to avoid the shot. THAT WAS HOW HE WAS SHOT IN THE "BACK". The shot was NOT in the MIDDLE of his back, it was on the LEFT SIDE of his back. Kevin himself demonstrated the whole incident to me in person. "
jahneen wrote on Apr 1, 2010 10:56 AM:
" I'd like to clear up some of the misinformation that's been going on about this whole case: 1) Kevin was growing medical marijuana LEGALLY. His plant count was actually much less than what he was allowed. 2) Kevin's gun was LEGALLY registered. 3) Kevin fired a warning shot into the ground and told Larry to lie down. Instead of complying, or running away, Larry lunged at Kevin with a hacksaw, screaming F**K YOU!!, and tried to grab the gun from Kevin. Kevin was trying to back away to keep Larry from getting the gun. "
lcoppe wrote on Apr 1, 2010 8:43 AM:
" Too bad Kevin Metcalfe wasn't a firefighter or a cop - he would have gotten off and charges wouldn't have been filed in the first place. "

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Manslaughter is verdict in trial February 15, 2010 The Maui News Save | HILO (AP) - A Big Island man who stood trial for murder has been convicted of the lesser offense of manslaughter. A Circuit Court jury returned the verdict Thursday. It also convicted Kevin Metcalfe of using a firearm in the commission of a separate felony. The 49-year-old Metcalfe faces a possible 40-year prison term when he's sentenced in March. Police and prosecutors say Metcalfe was guarding his medical marijuana when he shot Larry Kuahuia with a shotgun last May 6. The jury decided the shooting was reckless rather than premeditated. Defense attorneys William Reece and Vaughan Winborne argued that Metcalfe should have been acquitted because he was defending himself against Kuahuia. >> Read >> more.


Manslaughter verdict returned in Big Island shooting - By John Burnett, Hawaii Tribune-Herald | HILO — An Ocean View man who police and prosecutors say shot an intruder while guarding his medical marijuana has been found guilty of manslaughter. A Hilo Circuit Court jury also convicted 49-year-old Kevin Metcalfe of using a firearm in the commission of a separate felony.

The jury returned the verdict yesterday after about seven hours of deliberation over two days. Metcalfe was originally charged with second-degree murder, which carries a mandatory life sentence. The jury, however, ruled that the May 6, 2009, shotgun slaying of Larry Kuahuia was reckless rather than premeditated. Both the manslaughter and firearms convictions carry possible 20-year prison terms. Metcalfe will be sentenced by Circuit Judge Ronald Ibarra at 9 a.m. March 25 in Hilo.

"Justice is served, and I was not surprised by the verdict," said Deputy Prosecutor Rick Damerville. Metcalfe's attorneys, William Reece and Vaughan Winborne, argued that Metcalfe was defending himself against Kuahuia and should have been acquitted.

"Obviously we're disappointed but we respect the jury system," said Reece. Added Winborne: "I was always worried about manslaughter for two reasons. One, because it could be a compromise, and two, the evidence is just stronger for that than for murder."

Damerville said he didn't think the verdict was a compromise. "The fact is that Mr. Kuahuia shouldn't have been up there in the first place, but his conduct did not justify shooting him in the back, so the verdict was not unexpected. It was based on the evidence," he said. Ibarra granted Damerville's request to revoke Metcalfe's $100,000 bail. Metcalfe is in custody at Hawaii Community Correctional Center.

Kuahuia, 44, of Milolii, had a lengthy criminal record, including five convictions for felony burglary, two for felony theft and one for sex assault. Jurors did not hear Kuahuia's criminal history. Tom Martin of Ocean View, who described Metcalfe as his best friend, said he was "kinda stunned" by the verdict. He said it sends a message to burglars that Ocean View is open territory "because we can't shoot ya."

"We get home invasion on a weekly basis; we get burglaries day-by-day," he said. "What should we do? Just lay here out on the road with our throats up so they can just cut 'em? ... ” His wife, Denise, echoed those sentiments. "If we don't have the right to protect our property, we're sittin' ducks, 'cause if the law ain't gonna back us, who is?" she said.


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Big Island man convicted of manslaughter, By Associated Press | HILO, Hawaii (AP) — A Big Island man who stood trial for murder has been convicted of the lesser offense of manslaughter. A Circuit Court jury returned the verdict Thursday. It also convicted Kevin Metcalfe of using a firearm in the commission of a separate felony. The 49-year-old Metcalfe faces a possible 40-year prison term when he's sentenced in March. >> Read >> more.


Manslaughter verdict in slaying for Metcalfe - by John Burnett, Stephens Media | Friday, February 12, 2010 - HILO -- An Ocean View man who police and prosecutors say shot an intruder while guarding his medical marijuana has been found guilty of manslaughter. A Hilo Circuit Court jury also convicted 49-year-old Kevin Metcalfe of using a firearm in the commission of a separate felony.

The jury returned the verdict at around 10 a.m. Thursday after about seven hours of deliberation over two days. Metcalfe was originally charged with second-degree murder, which carries a mandatory life sentence. The jury, however, ruled that the May 6, 2009, shotgun slaying of Larry Kuahuia was reckless rather than premeditated.

Both the manslaughter and firearms convictions carry possible 20-year prison terms. Metcalfe will be sentenced by Circuit Judge Ronald Ibarra at 9 a.m. March 25 in Hilo.

There are 22 comment(s) to this story.

local12 wrote on Feb 15, 2010 1:59 PM:
" Mr. Metcalfe had no intention to kill the convicted violent criminal and was told by 911 not to assist, thus the criminal died without assistance.

Metcalfe has lousy eyesight and fired in the general direction at night (should of shot higher in the air). Hard to shoot someone in the back, when you are shooting into the black. My though is that Mr. Kuahuia chickened out last sec and turned around. That the jury found him guilty is rediculous. "


redman wrote on Feb 15, 2010 8:40 AM:
" Just plain stupid sentence. You don't wait to see if an intruder is going to kill you. You kill them first! "


peebody wrote on Feb 14, 2010 11:23 AM:
" mcarthyman, not only are you a racist. But have little knowledge about our constitution and history. I am sorry for the human life that was taken. But the man was a career criminal in the process of committing yet another. He did forfeit his right to civil treatment. "


mcarthyman wrote on Feb 14, 2010 8:02 AM:
" Is anyone else out there white and educated and living in Ocean View or Kau? Does anyone remember the move Deliverance? I say squeal like a pig Metcalfe! Not all white people agree with you--here's one white person who doesn't think shooting someone in the back is self defense, and neither is defending you pot plants self defense. Welcome to your new life--you earned it. "


NOBS wrote on Feb 13, 2010 10:58 PM:
" This is what happens when laws are written by bleeding heart liberals. Why do they only protect obvious wrongdoers? Is justice something they only do on the mainland? Pre-contact Hawaiians knew how to handle criminals. They whacked them! Let's not just give lip service to Hawaiian tradition. With aloha! "

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PRG HAWAII NEWS - Hawaii Island News > Posted on February 10, 2010 by Russ Roberts | (Honolulu Advertiser). Lava from Kilauea volcano once again has oozed through the mostly abandoned Royal Gardens subdivision, covering portions of the small open areas untouched by previous flows. The volcano has been erupting since 1983 and over the years has destroyed an estimated 66 homes and other stuctures in Royal Gardens. The U.S. Geological Survey’s Hawaii Volcano Observatory reported that lava from the 2007 “Thanksgiving Eve Breakout” vent was flowing through the upper 2 miles of the lava-tube system above the subdivision and feedin gsurface flows that were advancing slowly down the pali and across the coastal plain. ... Closing arguments in the murder trial of Kevin Metcalfe were submitted Tuesday in Hilo Circuit Court. Metcalfe is facing charges of murder and felony firearms charges for the May 6th slaying of Larry Kuahuia with a fatal shotgun blast. Prosecutors told the “Hawaii Tribune-Herald” that Metcalfe gunned down Kuahuia to keep him from stealing the medical marijuana in his greenhouse. ... (KITV-4). In a copyrighted story, KITV-4 says marijuana could be sold legally and have its own tax under a proposal approved by a state senate committee. The state senate Public Safety committee voted to let counties allow dispensaries called “compassion center” to distribute medical cannabis. The dispensaries would grow the marijuana for their customers and only people with medical marijuana permits would be allowed to buy it. ...


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'I told him to lay down!' - by John Burnett, Tribune-Herald Staff Writer | Published: Friday, February 5, 2010 - Jurors heard a recording Thursday of a 911 call made by a man accused of fatally shooting an intruder on his Ocean View property.

In the call, 49-year-old Kevin Metcalfe tells police dispatcher Kevin Lee that he had just shot a man he believed to be a burglar. Metcalfe's tone alternated between calm and loud as he described the events. His narrative was liberally punctuated with expletives and references to throwing up, as well as retching sounds. Metcalfe is charged with second-degree murder in the May 6, 2009, shooting death of Larry Kuahuia, 44, of Milolii. Circuit Judge Ronald Ibarra is presiding over the trial, which was moved from Kona to Hilo for security reasons.

According to police, the 911 call was made at 10:33 p.m.

"Do you know who the person is who you shot?" Lee asked.

"No, he ran down the driveway," Metcalfe replied.

"Did you hit him, Kevin?" Lee inquired.

"I'm sure I did," Metcalfe said. "It was birdshot, so he could be gone. I hope so."

--- [snip] ---

"God damn it, I told him to lay down!" Metcalfe exclaimed.

"What happened?" Lee queried.

"He just kind of, like, came toward me and blasted past me and I just shot again," Metcalfe responded.

"Now, he's down there probably f----n' gearin' up to come back."

Seated by his attorney, William Reece, Metcalfe buried his head in his hands during parts of the recording, including when he told Lee he could hear Kuahuia "hollerin' for help."

"Hurry and get him!" Metcalfe yelled. "Oh Lord. F---! Why couldn't he just lay down?"

At one point Metcalfe asked if he should try to find Kuahuia and help him. Lee advised Metcalfe to stay at the house and wait for police to arrive from Naalehu.

--- [snip] ---

Jordan said that from a distance of "about 60 or 70 feet," he saw Kuahuia advance toward Metcalfe, who Jordan said was shining a flashlight on the intruder.

"I heard Mr. Metcalfe yelling for the guy to get down on the ground," Jordan said. "It registered in my mind that this guy was coming toward Kevin and trying to knock him down." Jordan said the flashlight dropped to the ground and he heard shots.

--- [snip] ---

Jordan's testimony conflicts with that of Maui pathologist Dr. Anthony Manoukian, who performed the autopsy on Kuahuia. Manoukian said Wednesday that Kuahuia was shot in the back from about 60 feet.

There are 3 comment(s) on this story

locololo wrote on Feb 6, 2010 7:36 AM:
" As I recall, his last felony had something to do with sexual assault on a minor. Kuahuia was a walking crime spree with numerous felonies on his record.

If this happened to more burglars and thieves, and they could count on it as a probable consequence, there would be a lot less property crime and people could sleep easier at night on this island.

Too bad you had to waste ammunition on this cull. Good work and good luck Kevin. There are a lot of us cheering for you! LONG LIVE THE CASTLE DOCTRINE!!! "


Realitystrikes wrote on Feb 5, 2010 10:19 PM:
" I agree with mojojjojo.

As citizens of this county, we should demand that Kimura drop this prosecution. I don't want my taxpayer dollars spent persecuting someone who protected himself against an intruder. It's just outrageous. "


mojojjojo wrote on Feb 5, 2010 6:38 PM:
" "JUSTICE SERVED!!!" The homeowner was protecting his property from a thief, END OF STORY "

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Metcalfe claims self-defense in Ka'u murder trial - by John Burnett, Stephens Media | Thursday, February 4, 2010 8:33 AM HSTHILO -- A Maui pathologist said that 150 to 200 pellets from a shotgun struck and killed a 44-year-old Milolii man last May in Ocean View. Dr. Anthony Manoukian, testifying for the prosecution in the Hilo Circuit Court murder trial of Kevin Metcalfe, said that 20 to 40 birdshot pellets entered the chest and abdomen of Larry Kuahuia.

Metcalfe is accused of shooting Kuahuia with a 12-gauge semiautomatic shotgun at about 10:30 p.m. May 6 because Kuahuia was trying to steal marijuana from Metcalfe's greenhouse. In a preliminary hearing in June, Peter Bresciani, a deputy public defender initially assigned to Metcalfe's case, argued that Metcalfe fired a warning shot and yelled repeatedly at Kuahuia, telling him to lie on the ground. He said that Metcalfe only fired at Kuahuia after Kuahuia charged him. Metcalfe's attorneys are arguing that the shooting was in self-defense.

[snip]

According to court records, Kuahuia had a lengthy criminal record, including five felony burglary convictions, two convictions for felony theft and one conviction for third-degree sex assault. A criminal records search for Metcalfe turned up no convictions in Hawaii.

[snip]

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Ka'u slaying trial starts - by John Burnett, Tribune-Herald Staff Writer | Published: Thursday, February 4, 2010 - A Maui pathologist said that 150 to 200 pellets from a shotgun struck and killed a 44-year-old Milolii man last May in Ocean View. Dr. Anthony Manoukian, testifying for the prosecution in the Hilo Circuit Court murder trial of Kevin Metcalfe, said that 20 to 40 birdshot pellets entered the chest and abdomen of Larry Kuahuia.

Metcalfe is accused of shooting Kuahuia with a 12-gauge semi-automatic shotgun at about 10:30 p.m. May 6 because Kuahuia was trying to steal marijuana from Metcalfe's greenhouse. In a preliminary hearing in June, Peter Bresciani, a deputy public defender initially assigned to Metcalfe's case, argued that Metcalfe fired a warning shot and yelled repeatedly at Kuahuia, telling him to lie on the ground. He said that Metcalfe only fired at Kuahuia after Kuahuia charged him.

There are 2 comment(s) on this story

punatic8 wrote on Feb 4, 2010 5:16 PM:
" It was an execution and Metcalf's attorneys are pleading it wrong.

"Self defense"? Shot in the back from 60 feet?

What if the lowlife was trying to steal a weedeater? Death penalty?

He should've plead insanity by jonesing. "


ravingpunatic wrote on Feb 4, 2010 11:42 AM:
" this is no malaki mcbride murder case. I hate to say it but the vic was a low-life thief, and he tried to steal from the wrong guy, so in essence he brought this on himself. why punish the defendant for protecting his property? you certainly can't rely on the police to do that. let this be a lesson for all thieves, and acquit Metcalf. "

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Motion to dismiss denied in murder trial by Erin Miller West Hawaii Today | Friday, January 29, 2010 -- A 3rd Circuit Court judge denied Thursday a motion to dismiss murder charges against an Ocean View man. Kevin Metcalfe, 49, is accused of second-degree murder in the May 6 death of Larry Kuahuia, 44, of Milolii. He pleaded not guilty at a July hearing; his trial is set to begin Tuesday in Hilo.

Judge Ronald Ibarra denied defense attorney William Reece's motion to dismiss the charges based upon double jeopardy, because a grand jury did not vote to indict Metcalfe on the second-degree murder charge; the prosecuting attorney's office charged Metcalfe by filing an information complaint. Reece said state law allows a prosecuting attorney to present evidence to a grand jury if a judge rejects arguments for a criminal charge at a preliminary hearing, but the law does not specifically allow a prosecutor to use an alternative means to file a charge if a grand jury rejects it.

"They brought all the evidence, including the 911 tape," Reece argued. "It seems to disrespect the grand jury system." He said the grand jury members said they were willing to indict Metcalfe for manslaughter, which is a lesser charge than second-degree murder.

Ibarra said Reece did not know how much or what evidence the prosecuting attorney presented to the grand jury, nor did a grand jury rejection create a basis for a double jeopardy argument. The Bill of Rights prohibits a second trial based on the same charges if a defendant is acquitted of the charges. Metcalfe's attorney stipulated that three statements Metcalfe made to police were made voluntarily; Reece said Metcalfe was not agreeing that the wording of statements was correct.

Peter Bresciani, a public defender initially assigned to Metcalfe's case in May, argued during a June preliminary hearing that Metcalfe fired a warning shot and yelled repeatedly at Kuahuia, telling him to lie on the ground. Further, Bresciani said, Metcalfe only fired when Kuahuia charged him. Prosecutors offered conflicting evidence during that hearing, arguing that the shooting death was intentional and that Kuahuia was shot in the back as he ran away from Metcalfe.

Metcalfe told police when they arrived that he had shot at an intruder approaching a greenhouse where marijuana plants grew, police said at the time. Police said they could not reveal whether Metcalfe had a medical marijuana license, because license holders' names are considered confidential in Hawaii. Five people waited in the courtroom with Metcalfe; friend Tom Martin said many Ocean View residents were following the case proceedings closely.

"Everybody in Ocean View doesn't see why he should be here," Martin said. "We have to protect our personal property. ... If he's convicted, you might as well leave home and your door open. It's that bad."

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West Hawaii Today - from archives > Second-degree charge in Ocean View shooting, Metcalfe to be tried for murder - by Chelsea Jensen, West Hawaii Today | Saturday, June 27, 2009 7:36 AM HSTThe defendant claims to have fired a warning shot before shooting victim Larry Kuahuia in the back of his thigh with a 12-gauge shotgun, but prosecutors say evidence indicates otherwise, and now Kevin C. Metcalfe will be tried for second-degree murder in 3rd Circuit Court. "Probable cause exists for murder in the second degree and the use of a firearm in the commission of a separate felony," said Deputy Prosecuting Attorney Fred Giannini in his closing statement in District Court. "The defendant called police to the area, admitted to shooting the victim. His story is that he shot when the victim was coming forward, but what has been shown in evidence is that the victim was shot in the back as the victim was going away from the defendant. The act of shooting the victim in the back is enough to show the intentional cause of death of Larry Kuahuia."

Metcalfe's two-hour preliminary hearing ended Wednesday with Judge Joseph P. Florendo Jr. ruling the prosecution had presented enough evidence to justify second-degree murder and use of a firearm in the commission of a separate felony charges against the 47-year-old Ocean View man.

"The state has presented sufficient evidence to convince a common person to believe with a strong suspicion that the defendant committed murder in the second degree as well as the charge of use of a firearm in the commission of a separate felony," said Florendo. "Probable cause exists." Metcalfe was arrested May 6 on suspicion of murder in the death of Kuahuia, 44, of Milolii, following a fatal shooting at Metcalfe's home in the Hawaiian Ocean View Estates subdivision in Ka'u. Metcalfe was charged May 8 and released on May 9 after posting $100,000 bail.

COMMENTs:

4everyoung wrote on Jul 3, 2009 10:48 AM: " Larry Kuahuia was a registered sex offender....maybe he wasnt there for the marijuana? "


scottmr1 wrote on Jul 2, 2009 1:01 PM: " This guy is not the dopehead you make him out to be, he's a regular fella trying to protect his property that made a bad decision to shoot someone in the back. Alohavit, guess what bright boy, law in this state protects Kevin's right to grow and smoke just like it protects yours to consume liquor. Lame argument, but I expected nothing more honestly. "


konagold2 wrote on Jul 2, 2009 9:19 AM: " "I guess nobody told the dope grower that the company he keeps invited the thieves. " if by this you mean the PLANTS he accompanies in his home, unfortunately such is true. it is the forbidden fruit syndrome adding outrageous value to a herb, which would have the value per pound of tomatoes, were it not for prohibition [will we ever learn]. if Cannabis were valued as an herb, rather than contraband, this killing and many others would never have happened "

Visit - http://www.westhawaiitoday.com/articles/2009/06/27/local/local01.txt - for full text, comments and to leave yours.


West Hawaii Today - from archives > Ocean View murder suspect arraigned, by Chelsea Jensen, West Hawaii Today | Thursday, June 11, 2009 - An Ocean View man charged with second-degree murder in the shooting death of a Milolii man did not enter a plea at his arraignment hearing Wednesday morning in Ka'u. Kevin C. Metcalfe, 47, charged with second-degree murder and use of a firearm in the commission of a separate felony stemming from a May 6 shooting in Hawaiian Ocean View Estates, was not required to enter a plea before Judge Joseph P. Florendo in Ka'u District Court because the arraignment was his first appearance in his arraignment.

At the arraignment, Metcalfe had the option to either demand -- which he did -- or reject a preliminary hearing, said Deputy Prosecuting Attorney Fred Giannini. Metcalfe's preliminary hearing, where he will enter a plea, is scheduled for 8 a.m. June 26 in Kona District Court. Police escorted Metcalfe, who was dressed in street clothing and not handcuffed, to his vehicle and then escorted him out of Naalehu following the short arraignment as family and friends of the victim, Larry Kuahuia, called Metcalfe a "murderer."

COMMENTs:

scottmr1 wrote on Jun 15, 2009 11:26 AM: " When the police are not able to stop or even make a dent in the robberies in OV, people get desperate and dangerous. I know why Kevin made the choice to apply deadly force as my dad lives across the street from Kevin and we talked several times. He was frustrated to be continually robbed and was sure iceheads were going to catch him unaware some nite and hurt him and/or his family. We residents of OV prefer peaceful resolution to this seemingly perpetual crime wave trust me, but hard to see that happening with lack of law enforcement presence. "


konagold2 wrote on Jun 14, 2009 5:32 PM: " §703-304 Use of force in self-protection. (1) ..., the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful-force by the other person on the present occasion. (2) The use of deadly force is justifiable under this section if the actor believes that deadly force is necessary to protect himself against death, serious-bodily injury, kidnapping, rape, or forcible-sodomy. "


konarose wrote on Jun 13, 2009 9:14 AM: " The how do you explain that there were at least 62 robberies per month before Larry got shot and after he got dead there have been ONLY 2 break ins in Ka'u??? C'mon explain it.... we are all waiting! Also the police had to escort Kevin from Na'alehu???? why cause 3 women were standing there screaming "murderer"? Are these the same "ladies" that are driving his navy blue nissan titan? The ones who think they know which house Kevin lives in on Koa Lane? How did they know where on Koa he lives??? huh?? "

Visit - http://www.westhawaiitoday.com/articles/2009/06/11/local/local05.txt - for full text, comments and to leave yours.


KPUA.net - KPUA Hawaii News - Man charged in Ka'u shooting | By 67AM KPUA News > Detectives from the Hawai'i Police Department have charged 47-year-old Kevin Metcalfe of Hawaiian Ocean View Estates with second-degree murder in connection with a shooting Wednesday night (May 6) in Ka'u. That night, Ka'u patrol officers responded to a 10:33 p.m. report of a shooting at a Koa Lane home in Hawaiian Ocean View Estates and found the victim lying on Koa Lane in close proximity to the scene of the shooting. >> Read >> more.


(5/9/09) - Detectives from the Hawai’i Police Department have charged 47-year-old Kevin Metcalfe Kevin Metcalfe of Hawaiian Ocean View Estates with second-degree murder in connection with a shooting Wednesday night (May 6) in Ka’u. That night, Ka’u patrol officers responded to a 10:33 p.m. report of a shooting at a Koa Lane home in Hawaiian Ocean View Estates and found the victim lying on Koa Lane in close proximity to the scene of the shooting.

Investigating detectives determined that Metcalfe had been at his home around 10:30 p.m. when he discovered an intruder on his property approaching a greenhouse where marijuana plants were growing. Metcalfe shot at the intruder at least twice with a 12-gauge shotgun. The victim, 44-year-old Larry Kuahuia of Miloli’i, ran off the property but succumbed to his wounds on Koa Lane. He was pronounced dead at the scene. Police recovered the shotgun and took Metcalfe into custody. Detectives from the Area II Criminal Investigations Section took over the investigation. They charged Metcalfe with second-degree murder and use of a firearm in the commission of a separate felony at 7:50 p.m. Friday (May 8). Metcalfe continues to be held at the Kona police cellblock in lieu of $100,000 bail.

An autopsy conducted Friday morning determined that Kuahuia died from massive hemothorax due to shotgun wound to the back.


COMMENTS: 11 Responses to “Hawaiian Ocean View Estates man charged with murder in May 6 shooting”


on May 7, 2009 at 3:21 pm, dan durgin says:

Hopefully this victim is a member of the gang that has robbed and/or destroyed over 60 homes here in Ocean View, Hawaii, and not just another drug deal gone bad. No one in the subdivision has dared leave their home vacant, since the robberies started some months ago. Not one thing from any of the robberies has been recovered. The “cocoanut wireless” has said many times that the robberies would have to come to a shooting of one of the thieves. It’s the only thing they understand. If this is the case, I feel no sympathy for the victim, and would go to court to have the shooter freed. I am sure many, many other people here feel the same way, and that this event will cease the robberies, and the terrorizing they have caused to so many people and families, for so long.


on May 8, 2009 at 12:12 pm, Derek h says:

Its sad. The shooters life was ruined do to him defending his property. From what I have heard the victim / thief was stealing legal medical pot plants and the same thief had been doing this regulary. The home owner is said to have this guy on security cam taking his plants. In a state where the police dont do much, its even worse in Ocean View. This man was forced to defend his property in a state were non lethal defense, such as taser and stun guns, are illegle. If this man would have called the police I assume no one would show up. I called the police once 3 times over the course of two hours because of a really nastly husband and wife fight next door, no one ever showed up. The Hawaii police gave this man no choice but to shoot this thief, hopefully that is brought up in court.


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MEDIA RELEASE (5/7/09 8:12 a.m.) - On May 6, 2009 at 10:33 p.m., Ka’u patrol officers responded to the report of a shooting at a home in the Hawaiian Ocean View Estates Subdivision (HOVE), in Ka’u. Upon arrival, officers found that a 44-year-old man had been shot and pronounced dead at the scene. Police are withholding his name until family members have been notified.

Police arrested 47-year-old Kevin Metcalfe of Ocean View in connection with this investigation. A Firearm was recovered at the scene. A murder investigation has been initiated. Kona Criminal Investigation Section detectives are continuing the investigation.


Categorized | - Hawaii 24/7 | Hawaii247.com | Hawaii's News > UPDATED (5/9/09) Detectives from the Hawai’i Police Department have charged 47-year-old Kevin Metcalfe of Hawaiian Ocean View Estates with second-degree murder in connection with a shooting Wednesday night (May 6) in Ka’u. That night, Ka’u patrol officers responded to a 10:33 p.m. report of a shooting at a Koa Lane home in Hawaiian Ocean View Estates and found the victim lying on Koa Lane in close proximity to the scene of the shooting. >> Read >> more.


Man charged in Ka'u shooting - By 67AM KPUA News | Detectives from the Hawai'i Police Department have charged 47-year-old Kevin Metcalfe of Hawaiian Ocean View Estates with second-degree murder in connection with a shooting Wednesday night (May 6) in Ka'u. That night, Ka'u patrol officers responded to a 10:33 p.m. report of a shooting at a Koa Lane home in Hawaiian Ocean View Estates and found the victim lying on Koa Lane in close proximity to the scene of the shooting.

Investigating detectives determined that Metcalfe had been at his home around 10:30 p.m. when he discovered an intruder on his property approaching a greenhouse where marijuana plants were growing. Metcalfe shot at the intruder at least twice with a 12-gauge shotgun. The victim, 44-year-old Larry Kuahuia of Miloli'i, ran off the property but succumbed to his wounds on Koa Lane. He was pronounced dead at the scene.

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UPDATE FROM POLICE (5/7/09 7:37 p.m.) - The victim in a fatal shooting in Ka’u on Wednesday evening (May 6) has Larry P. Kuahuia been identified as 44-year-old Larry Kuahuia of Miloli’i. Ka’u patrol officers responded to a 10:33 p.m. report of the shooting at a Koa Lane home in Hawaiian Ocean View Estates and found the victim on Koa Lane in close proximity to the scene of the shooting.

Investigating detectives determined that 47-year-old Kevin Metcalfe was at his home around 10:30 p.m. when he discovered an intruder on his property approaching a greenhouse where Metcalfe was growing marijuana plants. Metcalfe shot at the intruder at least two times with a 12-gauge shotgun. Kuahuia ran off the property but succumbed to his wounds on Koa Lane. He was pronounced dead at the scene. Police recovered the shotgun and arrested Metcalfe on suspicion of murder. He is being held at the Kona police cellblock pending possible charges while detectives continue the investigation. An autopsy is being scheduled to determine the exact cause of death.


UPDATED (5/8/09 7:45 p.m.) - An autopsy conducted Friday morning determined that 44-year-old Larry Kuahuia of Miloli’i died from massive hemothorax due to shotgun wound to the back. Detectives from the Hawai’i Police Department are still holding 47-year-old Kevin Metcalfe of Hawaiian Ocean View Estates on suspicion of second-degree murder in connection with the shooting.

Wednesday night, Ka’u patrol officers responded to a 10:33 p.m. report of a shooting at a Koa Lane home in Hawaiian Ocean View Estates and found Kuahuia lying on Koa Lane in close proximity to the scene of the shooting. Investigating detectives determined that Metcalfe had been at his home around 10:30 p.m. when he discovered an intruder on his property approaching a greenhouse where marijuana plants were growing. Metcalfe shot at the intruder at least twice with a 12-gauge shotgun. Kuahuia ran off the property but succumbed to his wounds on Koa Lane. He was pronounced dead at the scene.

Police recovered the shotgun and arrested Metcalfe on suspicion of murder. He remains in custody at the Kona police cellblock pending possible charges while detectives from the Area II Criminal Investigations Section continue the investigation.

Visit - http://www.hawaii247.org/2009/05/09/man-dies-from-shooting-in-hawaiian-ocean-view-estates/ - for full text, comments and to leave yours.


Victim identified in Ka'u shooting death - Posted: Friday, May 8th, 2009 | The victim in a fatal shooting in Ka'u on Wednesday evening (May 6) has been identified as 44-year-old Larry Kuahuia of Miloli'i. Ka'u patrol officers responded to a 10:33 p.m. report of the shooting at a Koa Lane home in Hawaiian Ocean View Estates and found the victim on Koa Lane in close proximity to the scene of the shooting. Investigating detectives determined that 47-year-old Kevin Metcalfe was at his home around 10:30 p.m. when he discovered an intruder on his property approaching a greenhouse where Metcalfe was growing marijuana plants. Metcalfe shot at the intruder at least two times with a 12-gauge shotgun. Kuahuia ran off the property but succumbed to his wounds on Koa Lane. He was pronounced dead at the scene. Police recovered the shotgun and arrested Metcalfe on suspicion of murder. He is being held at the Kona police cellblock pending possible charges while detectives continue the investigation. Visit - http://www.kpua.net/news.php?id=17904 - for full text, comments and to leave yours.


Police say Miloli'i man killed in shooting was intruder - Posted on: Friday, May 8, 2009 | A man who was shot to death at a Ka'u home Wednesday night has been identified as Larry Kuahuia of Miloli'i, Big Island police said. Police were called to a home on Koa Lane in Hawaiian Ocean View Estates at about 10:30 p.m. after someone reported a shooting. Police found Kuahuia lying near the home, suffering from gunshot wounds. Kuahuia died at the scene. Visit - http://the.honoluluadvertiser.com/palm/2009/May/08/ln/hawaii905080344.html - for full text, comments and to leave yours.


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