KEALAKEKUA — As she drove him to the hospital for a gunshot wound, a woman testified Friday, the defendant in the Painted Church Road shooting admitted to her that he’d messed up.
The third day of jury trial for Brian Lee Smith continued with the prosecution calling to the stand eyewitnesses to the fatal shooting on the rural Honaunau road on June 23, 2018. The 50-year-old is accused of the murder of Thomas Ballesteros Jr. and the attempted murder of Nikolaus Slavik.
Candi Baker took the stand and testified of her interactions with Smith before and after the shooting. Baker said she’s known the Honaunau man for 14 years, and for the past four years he’s helped her as a handyman to maintain and do repairs for a vacation rental she owns on Napoopoo Road.
Baker told the court that the 50-year-old came to her property to complete some unfinished maintenance at her vacation rental after she had texted him the morning of June 23, 2018. He left some time between 2:30-3 p.m. and nothing seemed out of the ordinary.
“Heard from him at a quarter to four — was getting ready to go to a movie,” she recounted to the court. “He sounded off. (Asked) if I could pick him up. He’d hurt his leg.”
Baker testified she went to a house down in Hookena, a place she’d never been before. When she got there, he was lying in a beach chair in the backyard.
“He was pale, his Levis had blood on it,” Baker stated. “He was saying: ‘Thank you for coming, let’s go.’”
Baker told the court she pulled her car around and began helping Smith. It was then that she noticed the injury was a gunshot wound.
“I said, ‘What the f—k,’” Baker recalled. “He said, ‘I know, I messed up.”
At that point, Baker stated, she started toward Kona Community Hospital. On the way, Smith started explaining what happened.
“He said he left my place and went home,” Baker told the court. “He said Thomas (Ballesteros) and this other guy were waiting for him. They started scuffling and things got out of hand.”
Baker recalled Smith telling her that he shot Ballesteros.
“He turned around to go back to his motorcycle and the other guy jumped him,” Smith said, according to Baker.
When asked who initially had the gun, Baker stated she couldn’t remember what Smith had told her.
“It’s been almost a year, can’t remember everything that was said,” she stated. “I think he said he was in fear for his life.”
Baker told the court she “reamed” Smith.
“Said there were better ways to do it, and drove him to the hospital,” she told the court.
Baker did recall Smith telling her he never meant to kill Ballesteros.
“They were there to ‘give him lickins’ is what he said,” Baker stated.
Baker indicated Smith told her Ballesteros and Slavik were coming toward him that day. She wasn’t sure who laid hands on whom first.
Another witness, Phillip Hema testified he was driving south on Painted Church Road to a farm where he feeds his cat.
“I saw what I thought were two turkeys rolling around on the grass — as I got closer I realized it was two men,” Hema stated. “When I realized it was two men I rolled down my window and told them I was going to call the police.”
Hema recalled a white truck on the mauka side of the road and motorcycle near where the men were wrestling. Ten to 15 minutes had passed before he drove back down the road.
The scene had changed. Hema told the court there was a different truck parked by the road and he could see the driver helping another person walk to the motorcycle he saw previously.
Hema testified he overheard some of the conversation between the two individuals. One of the men said he couldn’t walk.
“He seemed injured,” Hema stated. “He had difficulty walking.”
Hema added the man from the truck helped the injured man onto the bike. It seemed like they knew each other.
“When he walked past my car I told him the police have been called. He said, ‘They’re always called’ – sounded dismissive,” Hema recalled of the driver.
Smith was one of several tenants who lived on a mango farm on the makai side of Painted Church Road. The shooting occurred just above his residence. One of the tenants home at the time of the incident was Robin Beech. He testified he was cleaning out and fixing his refrigerator when he heard a gunshot.
“First time I heard it just brushed it off — thought it was a pig,” Beech said. “Heard yelling after that. There were more gunshots.”
At that point, Beech testified he told his son to stay in his room and grabbed his pellet gun. He then drove up to the road because he “heard my name yelled.”
Beech described to the court there are three gates on the mango farm property that front the road. All but the far-most north gate is allowed to be used by residents. However, Beech stated, he drove his truck through the second gate to get to the scene.
“I saw Brian yelling for help. He was on the road,” Beech testified. “He appeared hurt on his head.”
Beech recalled Smith asking him for help to stand up. They walked toward his motorcycle, which was parked and running by the farthest south gate of the property.
Beech told the court he couldn’t remember if Smith asked him for assistance on the bike or if he helped him on it. He ended up taking Smith’s helmet and putting it in the bed of his truck.
“I didn’t (hear him leave) things were going so fast,” he stated. “Afterwards when I turned around, I noticed a body.”
Beech testified he knew of Ballesteros prior to the incident. He confirmed he did call Hawaii Police the day before the shooting for an alleged assault and theft against Leslie Mosier, a woman who had been living with Smith.
When Mosier told him about the assault on June 22, 2018, he told the court it upset him because he has a son who lives on the property.
Beech stated he would describe Smith as a friend.
“He’s a good guy,” he told the court.
Mosier also took the stand. She testified she had been in a romantic relationship with Ballesteros for three or four years and moved in with Smith to get away from him.
Mosier told the court she had been living with Smith for at least three months. However, their relationship was not romantic.
She was alone on June 22, 2018, when Mosier told the court Ballesteros came to Smith’s residence twice. She was the only one home.
“First time he came by, he did a lot of screaming and yelling,” Mosier recalled.
The second time Ballesteros came by, Mosier stated, she was asleep when he came in and assaulted her. She also said he stole her purse and hydro flask, along with Smith’s drone and a western-style replica gun on the back of the bed that was for decoration. Mosier testified she told Smith about the assault.
The first time she heard about the shooting, Mosier told the court, was when officers came to the door on June 23, 2018. She was sleeping at the time and had not heard anything.
Mosier testified Smith called her while he was at the hospital.
“The main part of him telling me was he was going to be OK,” Mosier recalled of their conversation.
Mosier testified Smith related events of what occurred to detectives on June 26, 2018. However, she stated she doesn’t know what happened that day on Painted Church Road, only what she’s been told.
“It’s been so long,” she told the court. “A little bit is coming back here and there, but I can’t recall.”
During cross-examination, Mosier denied having sex with Ballesteros the night before the shooting, despite Slavik’s testimony on Tuesday indicating they were together at the Honaunau Rodeo Grounds.
Mosier iterated to the court she was never at the rodeo grounds and never had sex with Ballesteros on June 22.
Smith is facing charges of second-degree murder, second-degree attempted murder, first-degree attempted murder, two counts of ownership or possession (firearm) prohibited and two counts of carrying or use of a firearm in the commission of a separate felony.
The trial continues on Tuesday.
