Lawyers for the Boy Scouts of America and its Aloha Council have filed a response to a wrongful death lawsuit brought by the family of an 11-year-old Scout killed last August when an AK-47 was accidentally discharged at a shooting range.
The brief filed by attorney Andrew Chianese on behalf of the BSA admits that Manuel “Manny” Carvalho “passed away on Aug. 28, 2022, due to a gunshot while attending a Boy Scout Troop 19 Family Fun Day at Camp Honokaia” near Honokaa, but denies any negligence, stating the cause of the boy’s death was by “acts done beyond the control of BSA and for which BSA is not liable.”
The brief filed by attorney James Shin on behalf of the Aloha Council admits only that the boy passed away on that date, and “that it owns and operates Camp Honokaia.”
The document also states that the cause of Carvalho’s death was by “acts beyond the control of the (Aloha Council) and for which the (Aloha Council) is not liable.”
Hilo Circuit Judge Henry Nakamoto on Jan. 27 granted a motion by Kris LaGuire, attorney for Carvalho’s parents, David and Michele Carvalho, and Manny Carvalho’s five siblings, to exempt the lawsuit from court-ordered arbitration.
A conference to schedule a trial and set other deadlines is scheduled for March 10.
The lawsuit filed Jan. 17 accuses the Boy Scouts and its Aloha Council of gross negligence, including nonadherence to BSA safety standards, plus the shooting of firearms other than the types allowed by the BSA rules for its shooting ranges.
Police on Sept. 20 said 18 firearms and ammunition for various guns were recovered at Camp Honokaia as evidence. The firearms all are registered to three individuals police said are potential criminal defendants.
Police said they concluded their investigation and forwarded it to county Prosecutor Kelden Waltjen for possible charges.
Waltjen recused himself and deferred prosecution to the state attorney general, saying in October several of his staff members were present at the camp “and are potential witnesses.”
Email John Burnett@hawaiitribune-herald.com.