Murder suspect waives jury trial

WAILUKU - A man charged with murder in the shooting of his 19-year-old son at their Kahului residence last year is opting to have his case decided by a judge instead of a jury.

Joe Antonio, 46, who is also known as Jose Antonio Sr., has pleaded not guilty to charges of second-degree murder and using a firearm in the commission of a felony.

His son, Jose Antonio Jr., was found lifeless on the ground at 10:40 p.m. Dec. 16 when police responded to the family residence at 496 S. Kamehameha Ave.

Witnesses told police the two had argued after the son left a video game cable on the floor, with the argument escalating into shoving. Police said Joe Antonio fired seven shots with his .45-caliber semiautomatic handgun, leaving four bullet wounds in his son's body.

Antonio drove away in his truck before turning himself in at the Wailuku Police Station about an hour later.

In court Monday, Antonio's attorney, Ben Lowenthal, said the defendant wanted to waive his right to a jury trial.

Second Circuit Judge Joel August questioned Antonio, who affirmed that he wanted to be tried by a judge instead of a jury.

"Has anybody forced you to give up your right to have a jury trial?" August asked.

"No, nobody, sir," Antonio replied.

August said the prosecution has noted its intent to seek a mandatory-minimum term for Antonio based on the use of a semiautomatic firearm. The minimum term would be 20 years if Antonio is convicted of second-degree murder and 15 years if he is convicted of the lesser charge of manslaughter.

A date for Antonio's trial is expected to be set when he appears in court Nov. 30.

Antonio is being held in lieu of $350,000 bail at the Maui Community Correctional Center.