Man found guilty of attempted murder

KEALAKEKUA — Anthony Beaudet-Close, who nearly beat a man to death behind a downtown gas station last October, was found guilty of attempted murder in the second degree Wednesday after a weeklong jury trial.

The 12 jurors were unanimous in their decision. A pre-sentence investigative report will be completed and Beaudet-Close will return to court for sentencing on Sept. 13.

Michael Schlueter, Beaudet-Close’s attorney, said he respected the jury’s decision.

“Obviously, we wish it turned out differently,” he said. “That’s the trial system. It’s the fairest thing our system has.”

Beaudet-Close’s family was also in court. Visibly upset by the result, they quickly left after the proceedings.

Outside the courtroom, Beaudet-Close’s mother, Piper, spoke briefly to West Hawaii Today.

“I don’t have anything else to say,” she said.

Deputy prosecutors Kauanoe Jackson and Kimberly Taniyama said they were pleased with the outcome.

Jackson said when a prosecutor takes a case this far through the system, it’s because they believe in the verdict.

“It wasn’t here because of us,” Jackson said of the case. “It was here because of the investigation and the witnesses who came forward.”

Beaudet-Close, of Kailua-Kona, attacked the victim on Oct. 28, 2016, near the 75-900 block of Henry Street in Kailua-Kona behind the Aloha Gas Station. Officers discovered an unconscious man with injuries to the head.

The victim was transported to the Kona Community Hospital by ambulance and later medevac’d to a hospital on Oahu.

Detective Walter Ah Mow, with the Hawaii Police Department’s Area II Criminal Investigations Section, said doctors at The Queen’s Medical Center on Oahu said the victim suffered a “traumatic brain injury, a subdural hematoma causing coma and multiple facial fractures.”

The jury deliberated for about five hours before coming back with a verdict late Wednesday afternoon. Prior to deliberations, counsel gave their closing arguments that morning.

Taniyama addressed the jury first. She said the state’s obligation is to establish guilt beyond a reasonable doubt.

Taniyama said there’s nothing to dispute the incident occurred on Oct. 28, 2016, or that the victim suffered injuries that night.

“To know what he was thinking, we have to look at what he did,” Taniyama said of the defendant.

Taniyama said evidence shows Beaudet-Close engaged in a prolonged beating of the victim. She explained the attack continued after the victim was unconscious.

As a result of those injuries, Taniyama said, the victim no longer looks like himself. His eyes are uneven, he had to learn how to eat, how to speak again and he still can’t walk.

Taniyama said the victim has to wear special glasses to see.

Taniyama recapped testimony of witnesses who stated they saw Beaudet-Close beat the victim for a period of time throwing between five and 15 punches and kicks.

“The struggle to breathe was obvious,” Taniyama said.

The prosecutor also drew attention to a 911 call made by Beaudet-Close at the time of the incident.

“There’s no concern in his voice when he told people he beat someone up,” Taniyama said. “Witnesses described the defendant as aggressive, angry and proud.”

Taniyama said self-defense does not apply in this case. No one saw the victim as the aggressor.

“The defendant was the aggressor,” Taniyama said. “The defendant in this case used deadly force.”

Taniyama said the defendant testified someone lunged at him and the victim had a knife.

The prosecutor added there is no credible evidence that the victim used force against Beaudet-Close. No knife was ever recovered from the scene.

During the trial, it was brought up that prior to the incident, the victim had a warrant out for his arrest and had made threats toward Beaudet-Close and people he cared about.

“Police were not able to corroborate that (the victim) was a bad guy,” Taniyama said. “That’s not for us to decide.”

Schlueter followed Taniyama.

“All they have evidence of is too much self-defense,” Schlueter said.

Schlueter said testimony presented by witnesses were inconsistent, referring to statements about the number of times the victim was punched and kicked.

“That inference pales in comparison to the facts,” he said. “The state didn’t put on any evidence that (victim’s name) didn’t attack Anthony with a knife.”

Schlueter went on to say that the state’s evidence was purely speculative opinion.

“It’s not supported by the facts that he was executing justice,” he said. “On behalf of Anthony, look at fact from theory, fact from fiction, fact from argument.”

Schlueter addressed the 911 call. By his client’s actions, he said, Beaudet-Close had no intention to kill the victim. At worst, he meant to turn him in for an outstanding warrant.

Schlueter said there’s no reason to disbelieve Beaudet-Close’s story.

“It’s simply a guy who had a bad night and responded in a bad way,” he said.

At the conclusion of arguments and during jury instruction, one of the jurors requested to be excused.

Judge Melvin Fujino asked the juror why he wanted to be excused after the rest of the jurors had exited the courtroom.

“I don’t feel qualified to pass judgment on someone else,” the man said. “I believe it’s against my ethics – it goes against my grain.”