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Man in Kula standoff ‘passed his breaking point’ — lawyer

October 23, 2008
By LILA FUJIMOTO, Staff Writer

WAILUKU - Although Mark A. Martins was angry when he unloaded a semiautomatic pistol outside a Kula residence last year, he wasn't in an uncontrollable rage, his attorney said Wednesday.

"He took his anger out on the van," defense attorney Don Wilkerson said in his opening statement to a 2nd Circuit Court jury. "He started shooting the van repeatedly."

Martins also shot at the ground near van owner Francis "Randy" Randall, who was at an outdoor barbecue with several others, Wilkerson said. He said Martins wasn't aiming at Randall, although one bullet ricocheted into Randall's right thigh and another hit his left elbow as he ran.

Martins, 55, has pleaded not guilty to 18 charges including attempted murder in connection with the shooting at about 10:40 p.m. May 2, 2007.

After being dispatched to the 1-acre residential property on Kula Highway about 1 miles above Rice Park, police evacuated several homes and closed a portion of the highway during an overnight standoff with Martins. He was arrested when he surrendered at 7 a.m.

Martins and Randall lived in separate units with a shared wall on the property owned by Randall's mother.

Deputy Prosecutor Carson Tani told jurors that Martins had "passed his breaking point" the night of the shooting.

"He was going to teach Francis Randall a lesson he would never forget," Tani said.

At about 9 p.m., while steaks and opihi were on the grill, Martins walked out of his one-bedroom unit and asked Randall to move his van and a car that were blocking Martins' truck, keeping him from leaving.

Joseph "Maui Joe" Freehouse moved his car. But Randall said he wasn't going to move his van because there was enough room for Martins to maneuver his truck out.

Tani said Martins went back into his unit before emerging a few minutes later to tell the gathering: "Everything's OK, don't worry about it. Have a good time, enjoy your barbecue. I'm not going to go out."

Twenty to 30 minutes later, Martins again came out of his unit "and immediately started shooting his Glock semiautomatic pistol," Tani said.

As Martins shot in the air and at the van, people at first didn't realize he was firing a gun, thinking they were hearing firecrackers going off, Tani said. But when those at the barbecue turned, they saw Martins with the pistol in his hand, Tani said.

He said witnesses saw Martins walk up to Randall, point the gun at Randall's chest and start firing.

"This defendant was not able to kill Randy, but he did hit Randy," Tani said.

After being hit, Randall threw a bottle of beer at Martins, whose attention was briefly diverted, Tani said.

He said Martins continued firing while people fled in different directions.

Wilkerson said Martins hadn't been aiming at Randall.

"There's no way anybody could miss from point blank with a Glock semiautomatic gun," Wilkerson said.

While a trail of blood from Randall went uphill as he ran, Wilkerson said Martins shot in the opposite direction down the driveway. Martins didn't know he had hit anyone until he talked to a police detective after being arrested, Wilkerson said.

Tani said Martins discharged two illegal high-capacity magazines that could hold 18 rounds each before going back into his one-bedroom unit, loading the gun with another magazine and firing 19 shots into the wall and water heater between his unit and Randall's dwelling.

Martins also fired four shots at Randall's half brother, Jason Bass, who walked up the driveway to try to talk to Martins after hearing about what happened, Tani said. He said Bass ducked behind the van to avoid being hit by Martins, who was sitting in front of his residence in the dark.

Based on shell casings recovered at the scene, "this defendant fired his gun at least 53 times," Tani said.

Wilkerson said Bass didn't mention being shot at when he was first interviewed by a police officer who described Bass as "very intoxicated." When they were interviewed by police at about 2 a.m., several hours after the shooting, those at the barbecue were either "intoxicated or very intoxicated," Wilkerson said.

He described Randall as a "very domineering bully" who had deliberately "boxed in" Martin's truck that night.

Martins is charged with first-degree attempted murder, two counts of second-degree attempted murder, first-degree terroristic threatening, seven counts of first-degree reckless endangering, two counts of first-degree criminal property damage, using a firearm in the commission of a felony, being a felon in possession of a firearm, being a felon in possession of ammunition and two counts of possessing a prohibited pistol magazine.

He is being held without bail at the Maui Community Correctional Center.

Judge Joseph Cardoza is presiding over the trial, which was scheduled to continue today.

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

 
 

 

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Article Photos

Mark A. Martins listens to his attorney make his preliminary statement in court on Wednesday morning.

The Maui News / MATTHEW THAYER photo