Judge affirms murder, attempted murder charges against accused shooter
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Circuit Court Judge Annalisa M. Bernard Lee ruled on Friday there's enough evidence to try Clembert Alii Kaneholani, 38, for firing the shot that killed 37-year-old Maui Police Officer Suzanne O on Aug. 15.
Officer O was fatally wounded while responding to a call at the old Paia Sugar Mill. After the hearing testimony from Maui police officers and forensic pathologist Dr. Jeremy T. Suelpnagel on Wednesday and Friday, the judge solidified the charges against Kaneholani and scheduled him to appear in court again at 1 p.m. Aug. 27.
"I found all witnesses to be credible and articulate," she said before making her ruling.
Kaneholani is charged with first-degree murder, first-degree attempted murder, carrying a firearm in the commission of another felony, illegal possession of a firearm and possession of a prohibited magazine.
A few moments before the judge's ruling, prosecuting attorney Andrew Martin had asked the court to also charge Kaneholani with trying to kill multiple people.
Martin said Kaneholani brandished two handguns when he fired shots at the caretaker of the Paia Sugar Mill, who lives at the old mill and testified Wednesday.
"With two pistols in hand, he pointed both firearms and said, 'I will shoot you,' and fired shots at him," Martin said.
It was the caretaker who called 911 that night.
Martin said no argument could be made that Kaneholaani was not aware of the officers' presence or that he fired the gunshots at them by accident. Martin said Kaneholani was 10 feet away from Officer O when he killed her.
The courtroom on Friday was filled with more than two dozen officers who sat intently through the proceedings. After the defendant was bound, many hugged and showed small signs of relief as they remained somber and quiet.
At the first preliminary hearing Wednesday, Maui Officer Mousa Kawas testified that several police officers were searching for the suspected trespasser, later identified as Kaneholani, at the Paia Sugar Mill when Kawas heard a gunshot. He heard Officer O scream and saw her grab her chest as she fell to the ground.
Kawas said he heard a click that sounded like a gun misfiring and saw a backpack and someone crouched against a wall trying to rack a gun.
"I engaged and fired," Kawas said.
Kawas said he shot multiple times until he heard the man scream and told him to put his hands up.
Deputy public defender Zachary Raidmae on Friday said Kawas discharged 11 rounds.
Dressed in an orange jumpsuit, Kaneholani expressed no emotion when he was escorted into the courtroom by sheriff's deputies Friday.
Suelpnagel later testified that O died from a single gunshot wound to her left torso.
He testified that he performed an autopsy on the fallen officer and her cause of death was injury to her heart and lungs caused by a gunshot.
Eduardo Bayle Jr., a 20-year veteran of the force and a detective for two years, testified he was called to the mill to respond to a shooting. He said police found a 9mm black pistol with two live rounds and one spent case.
They also found a 9mm extended magazine, a cellphone and a duck call used for hunting.
Bayle was followed on the stand by Officer Steven Lansiedel, who testified that the 9mm gun had no serial number and had the capacity to hold 27 rounds of ammunition.
He said police recovered another weapon, a black gun with a wooden handle. He identified the second gun as a 22 long rifle Browning with a fiber optic sight found in Kaneholani's camouflage backpack.