Defense moves to keep statements out of murder trial
WAILUKU – In the hours before a Molokai man’s body was found on a dirt and gravel road last year, he had been “highly intoxicated” and walking back to the location of a party to get his backpack, the suspect arrested in the murder investigation later told police.
Jeffrey Kalani Davis, who is charged with second-degree murder in the killing of Koshari Kahikili, provided the account when Lt. Jamie Winfrey and another police officer went to Davis’ residence to talk to him a few hours after the 19-year-old man’s body was found the morning of May 20, 2014, she testified Thursday.
“He said that was the last time he saw him,” Winfrey said.
The defense is seeking to keep that statement and four others Davis made to police officers from being used as evidence in his Jan. 4 trial in 2nd Circuit Court.
Defense attorney Ben Summit said Davis hadn’t been advised of his constitutional rights before making most of the statements. Shortly before one statement, Davis had been read Miranda warnings and said he wanted to speak to an attorney, Summit said.
Davis, 39, has pleaded not guilty to charges of second-degree murder, being a felon in possession of a firearm, prohibited possession of a firearm and keeping a firearm in an improper place.
Testifying Thursday as the hearing on Davis’ motion to suppress the statements began, Winfrey said she drove to the area near Milepost 15 on Kamehameha V Highway in Mapulehu at 7:21 a.m. May 20, 2014, after learning that a body had been found on the dirt roadway nearby.
Kahekili’s body was about 19 feet from a metal gate leading to Iliiliopae Heiau, she said.
After hearing that Kahekili had been at a party at Pukoo right of way with Davis the night of May 19, 2014, Winfrey said she and another police officer went to Davis’ residence 1.3 miles away at 9 or 10 a.m. to find out “if he had any information about what happened to Koshari.”
After one of the officers knocked on the wall of Davis’ residence, Davis came out into the garage area.
Winfrey said she didn’t identify herself because she and Davis know each other from their children attending the same preschool.
When she asked if Davis had been at a party at Pukoo right of way the night before, he said it had been a birthday party for a woman, Winfrey said.
She asked if Kahekili was there, and Davis said Kahekili showed up about 7:30 p.m. with two bottles of rum and a clear soda bottle with coke and rum in his backpack, Winfrey said.
She said Davis described seeing Kahekili walking around the beach and asking where his backpack and cellphone were at about 11 p.m. Davis said Kahekili left the party at about 11:30 p.m., and Davis left 10 to 20 minutes later, Winfrey said.
“But he met Koshari at the intersection to Pukoo right of way,” Winfrey said. “He said Koshari was highly intoxicated, wobbly on his feet and told him he needed to get his backpack.”
While Davis said he walked to a woman’s house, he said Kahekili walked back toward Pukoo right of way, Winfrey said.
Questioned by Deputy Prosecutor Mark Simonds, she said she didn’t advise Davis of his constitutional rights before speaking to him that morning “because he wasn’t the focus of the investigation.”
She said Davis’ appearance and responses didn’t give her any indication that he was involved in Kahekili’s death.
At first, Winfrey said it wasn’t clear how Kahekili died after he was found with what looked like either a gunshot or puncture wound to the back right side of his head.
Under cross-examination, Summit asked whether Davis was a person of interest at that point.
“Well, we definitely wanted to speak to whoever else was at this party,” Winfrey said.
“Clearly, there’s something suspicious going on with this situation?” Summit asked.
“It was suspicious, yes,” Winfrey replied.
Sgt. Michael McCutcheon, who was the first police officer on scene after responding to the 6:46 a.m. call, said that while firefighters and medics tried to revive Kahekili, he overheard people talking as he directed traffic on the portion of the highway consisting of a narrow bridge with guardrails.
“I remember someone saying, ‘That’s Koshari over there,’ ” McCutcheon testified. “I remember someone saying, ‘Nah, he was with Jeff. They were at a party last night.’ “
Later, McCutcheon said he talked to others who had been at the party. A couple described hearing what sounded like an argument and seeing Kahekili and Davis before inviting them to join the party, McCutcheon said.
He said one witness said Kahekili and Davis left the party at about 3:30 a.m. May 20, 2014.
McCutcheon said he was back at the Molokai Police Station when he received a call that afternoon from someone who said he had heard that Kahekili may have been shot and “just wanted police to know that Jeffrey Davis has access to a .22-caliber pistol.”
The caller also relayed that he had heard that Davis had been seen that morning under a boat in a neighbor’s yard.
“People on Molokai just want to make sure everybody is safe,” McCutcheon said, explaining the call during cross-examination. “It’s strange, but it’s true.”
After McCutcheon called Winfrey to pass on the information, she and another officer went to the neighbor’s residence and got permission to search under the 20-foot boat on the property. She said she saw the butt of a gun, which turned out to be a loaded nine-shot .22-caliber revolver, and a pill bottle containing ammunition.
Winfrey said an all-points bulletin was issued for Davis.
He was arrested the next day when McCutcheon and another officer went to Davis’ residence on Keala Olu Olu Way at about 12:30 p.m. after receiving information that he was there taking a shower.
When the officers approached Davis in the outside shower and identified themselves, “he put his hands up,” McCutcheon said. “He said, ‘I just want to take a shower before I go to Maui.’ “
McCutcheon said he hadn’t advised Davis of his constitutional rights before he made the statement.
After Davis was handcuffed and transported to the Molokai Police Station, Winfrey said she advised him of his constitutional rights. After Davis said, “I think I should speak to an attorney,” Winfrey said she had gotten up to leave the room.
“Then Mr. Davis said, ‘Why? Is it illegal to own a .22-caliber rifle?’ ” Winfrey said. “I said, ‘Is this question pertaining to your case or are you asking me for general knowledge?’ He said, ‘Just general knowledge.’ I said, ‘Well, anyone has to be able to legally possess the firearm.’ “
About an hour later, Winfrey said a fax was received from Wailuku attorney Sam MacRoberts asking police to contact his office before interrogating Davis.
Under cross-examination, Winfrey said the faxed letter may have been shredded.
Davis was still in custody the next day on May 22, 2014, when Winfrey served him with a search warrant for a DNA cheek swab.
Then she said she asked him to sign an inventory list showing that a cellphone and pair of shorts with a red stain had been seized during the execution of a search warrant for his residence.
“He said, ‘Oh, I have 15 pairs of shorts and you only took the one pair. This is BS. I ain’t signing that,’ ” Winfrey said.
Davis was released pending investigation before being indicted and arrested in December. He is being held without bail at the Maui Community Correctional Center.
The hearing was scheduled to continue today before Judge Peter Cahill.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.





