×

Man found guilty of assaulting neighbor

Dispute arose over loud music in Haiku

WAILUKU — A Haiku man who was heard yelling about loud music was found guilty of illegally entering a neighbor’s residence to assault him.

A 2nd Circuit Court jury returned verdicts Wednesday morning, convicting Osmani Michel Garcia of first-degree burglary and third-degree assault.

Garcia, 51, was arrested after police were called to a property in the 800 block of Kokomo Road at 11:12 p.m. Jan. 31, 2018.

What was at first reported as disorderly conduct had escalated to someone breaking into a house and hurting someone, said officer William Tau’a, who arrived on scene six minutes after the call.

He said he could smell alcohol on Garcia, who had slurred speech and was yelling. While officer Emmett Kawahara stayed with Garcia, Tau’a said he talked with victim Jason Schrock, who appeared to be “timid.”

Testifying in the trial, Schrock said Garcia was “yelling to turn down the music” when he entered Schrock’s residence. “I did not fight back,” Schrock said, saying that he fell into a window as he backed away from Garcia.

Schrock suffered a cut on a finger when an oscillating fan was thrown at him, said Deputy Prosecutor Brandon Segal.

James Jessop, who lives on the same property as Schrock and Garcia, testified he heard Garcia yelling, “I don’t like your music, it’s too loud” that night. Jessop said he saw Garcia leave his room and walk upstairs to Schrock’s door.

The window next to the door was smashed before Garcia pushed the door open and entered, Jessop said. He said he heard Garcia say, “So you understand me now. I don’t want to f—ing hear anything from you.”

Then Jessop said he heard thumping as if someone hit the wall or floor and he saw a window screen fall out. Garcia continued shouting as he walked back to his room, Jessop said.

“This case is about someone who decided to take matters into his own hands,” Segal said in closing arguments to the jury Tuesday afternoon.

In footage from officer Kawahara’s body camera, Garcia is heard saying, “I no want police here. I no need police here. We our own police.”

In his closing argument, defense attorney John Parker said Schrock had “selective memory” about what happened that night.

Schrock didn’t tell police a window was broken that night and didn’t report Garcia hit him with a stick or branch until the next day, Parker said.

He said Schrock testified he couldn’t remember when asked whether he had thrown trash on Garcia’s property or used a racial epithet.

Parker said police didn’t take fingerprints from the fan or have other evidence that Garcia was in Schrock’s residence.

“This isn’t CSI Haiku,” Segal said in his rebuttal argument. “Police investigated the scene, they talked to the witnesses and they determined they had enough to arrest him for burglary.”

Garcia, who was assisted by a Spanish interpreter during the trial, is scheduled to be sentenced May 10.

Judge Richard Bissen presided over the trial.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.

Starting at $4.80/week.

Subscribe Today