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Officer shot in line of duty testifies at attempted murder trial

February 28, 2014 - 9:23am

A police officer shot in the line of duty took the witness stand Thursday in 3rd Circuit Court in Hilo.

Testifying in the attempted murder trial of the alleged shooter, 32-year-old Keaka Martin, Officer Joshua Gouveia said that he and fellow officers Garrett Hatada, who was also shot, and Keith Nacis responded to the report of a suspicious man hiding under a vehicle in the parking lot of the Pono Place on Kilauea Avenue at about 8:30 p.m. on Jan. 2, 2013. The report followed earlier reports of gunfire in the vicinity of nearby Wailoa State Park.

Under direct examination by Deputy Prosecutor Darien Nagata, the 32-year-old Gouveia spoke in a calm, even tone while recollecting the evening’s events.

Gouveia said there was “little or no lighting in the area” when he and the others responded to the call. He said he surveyed the parking lot with his flashlight and noticed someone under a black vehicle.

He said that he approached the vehicle, announced himself as a police officer and crouched on his left knee, shining his flashlight underneath the vehicle from the passenger side, while Hatada approached the vehicle from the driver’s side.

“I observed a male party with short dark hair, barebacked, with what appeared to be a T-shirt or a small bag around his upper chest, throat area, and appeared to be wearing either denim shorts or pants,” Gouveia said.

Gouveia said the man’s head was initially turned toward Hatada, so he didn’t get a look at the suspect’s face.

“Within seconds of viewing the male party, the male party lowered his body from the chassis to the ground while reaching to his waistband and turning his head toward my direction,” Gouveia said. “When he reached toward his waistband, I observed him to remove a firearm with a black lower assembly or pistol grip area and a silver slide.”

“I ordered him to ‘raise your hands, raise your hands. Don’t do it. Gun,’” Gouveia said.

Gouveia estimated that the man was about a foot away when he “observed a loud bang, bright flash and simultaneous hard pressure to my upper hip, thigh area.”

“I realized that I had been shot,” Gouveia said. “And I attempted to get out from between the vehicles, crawling on my hands and knees as fast as I could.”

He added that as he scrambled away, he heard “two or three more shots.”

Gouveia said he drew his own weapon when he got to cover, but he didn’t fire. He added that Nacis radioed in the report of an officer down.

Gouveia said he didn’t see the shooter leave the area. Martin was arrested the following day after a massive manhunt led to the East Palai Street home of his sister. Martin shot himself in the chest as the special-response unit arrived in an armored vehicle.

Steve Strauss, Martin’s court-appointed attorney, told the jury in his opening statement that police “quickly settled on Keaka Martin” as the suspect and ignored information about other possible suspects.

Strauss also said there is no proof that the gunman underneath the vehicle shot Gouveia, as the bullet was never removed from his body, so ballistics tests could not be done. He raised a friendly fire defense, stating that Gouveia was “in the direct line of fire” of Hatada’s two shots, “neither of which hit the suspect.”

“The evidence reasonably supports the conclusion that Officer Hatada shot Officer Gouveia,” Strauss said.

Strauss said the state cannot prove beyond a reasonable doubt that Martin was the shooter. He also said that prosecution cannot prove beyond a reasonable doubt an intent to kill, a necessary component of an attempted murder charge.

Gouveia will continue testimony when the trial continues Monday at 10 a.m. in Judge Greg Nakamura’s courtroom.

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