Attempted murder suspect remains on supervised release
West Hawaii Today
cjensen@westhawaiitoday.com
| Friday, October 31, 2014, 11:01 a.m.
A 34-year-old Waikoloa man charged with attempted murder for allegedly stabbing two women in a parking lot confrontation earlier this month will remain on supervised release, South Kohala District Court Judge Melvin H. Fujino ruled Thursday.
Fujino maintained supervised release for Aaron Nakamoto with the existing conditions of a 24-hour curfew and electronic monitoring following argument by his attorney, Robert Kim and Deputy Prosecuting Attorney Kauanoe Jackson. Nakamoto is charged with attempted second-degree murder, first-degree assault, second-degree assault and disorderly conduct involving engaging in fighting or threatening or in violent or tumultuous behavior and making unreasonable noise.
The state had filed a motion for Fujino to reconsider an Oct. 15 order placing Nakamoto on supervised release because an initial bail study did not look at all the factors of the Oct. 12 incident. Jackson argued that the study, which was subsequently updated, did not consider the event, severity of the injuries, the fact Nakamoto is facing a life sentence, a disorderly conduct arrest from 2002 in Las Vegas, and the victims being contacted by Nakamoto.
“It looks great on paper,” Jackson said, “but, unfortunately, we are here with a very severe offense that could change the outcome of his life.”
Kim successfully argued against the motion, noting it was his client’s first arrest since age 33, that he did not have a contempt of court or failure to appear warrant within two years, has not been sentenced to jail within the past three years, had full-time employment at the time of the incident, has a stable residence and has complied with all conditions of the supervised release. He also questioned the study’s compiler, Cedric Low, how often such a study is updated without a court’s order to which Low said he was unable to recall doing so during his 30 years on the job.
Fujino’s ruling that Nakamoto remain on supervised release followed the start of a preliminary hearing for the Waikoloa resident that has been continued to Nov. 7 to allow doctors and an officer, who was set to leave the island Thursday, to testify.
During the hearing, four witnesses — including both victims, a witness and a Hawaii County police officer — took the stand to testify about the Oct. 12 incident, which occurred sometime after 6:30 p.m. in a parking lot between the Waikoloa Village Market and Pueo’s Osteria restaurant.
The victims, Hanna Luepkes and Carli Sugimoto, testified separately about the incident, saying they met near the market and decided to have a glass of wine at the restaurant before grabbing dinner for Sugimoto’s boyfriend at the market. Both testified being seated at a U-shaped bar before their attention was caught by a man, whom they did not know at the time but later identified as Nakamoto, waiving or raising his arms and saying something to them.
“I only heard him say ‘shut the “F” up,’” Luepkes testified, later adding that they were not talking to him. Both then ignored the man, whom they said was warned by a manager at the restaurant.
After consuming two glasses of wine, food and sharing a shot of “very expensive” tequila the women paid their check and left, Luepkes said.
“On the way out we had to pass him. He was talking to the bartender and mentioned ‘those girls’ and was looking at us and something about being ‘born and raised in Waikoloa,’” she said. “I (then) said ‘you ruined our experience here’ and he slammed his beer down and stood up.”
A female worker was between the women and Nakamoto, Luepkes testified. The restaurant’s chef then came out and asked Nakamoto to pay his check and “get out,” she said.
They then proceeded to the market. As they were leaving to walk to Sugimoto’s apartment, both testified seeing Nakamoto heading toward his vehicle outside the restaurant.
Sugimoto testified that Luepkes ran toward and punched Nakamoto in the face while Luepkes said that she walked up to him because she “had more to say that I didn’t have a chance to say to Aaron. I was wondering why he had a problem with us.”
“Once I got close enough, we exchanged words, and I don’t remember who talked first, but it got loud very fast,” Luepkes said.
She later testified, “I felt threatened, I could tell he wanted to hit me from his eyes — the way he was looking at me. … I reacted and I hit him twice.”
After throwing the initial punch, which broke Nakamoto’s nose, Luepkes testified he “instantly” hit her back “and the fighting started.” At the start, both parties were standing, however, Luepkes said she eventually fell to the ground and was on her back with Nakamoto straddling her.
She testified that after exchanging punches and trying to get him off her, she opted to protect her face with her arms and turned her body to the left.
“I actually gave up trying to get him off me after he hit me hard enough that I felt blood running off the side of my face,” Luepkes said, later adding that she “felt blooding pouring down my face, almost like someone’s pouring a water bottle.”
Luepkes next remembered hearing her friend, Sugimoto, yelling for Nakamoto to get off her and then her hitting him. Sugimoto testified that after hitting Nakamoto, he got off Luepkes and “came after” her and punched her in the face twice before going back to Luepkes. Then people came running up yelling at them and the altercation ended.
Within a short time of the fight being broke up, Luepkes and Sugimoto said they left the scene on foot. After making a phone call, Luepkes’ boyfriend picked them and transported them to North Hawaii Community Hospital.
Sugimoto said she suffered a black eye, a centimeter-deep stab wound to her chest and a stab wound to her upper left arm that required “three layers of stitches.” She never saw a knife.
Luepkes said her “throat was slit” and she suffered a cut to the right side of her face that extended from her eyelid to the tip of her ear. Her shoulder and neck area were also cut. Altogether she needed 100 stitches in two layers and 12 staples. Luepkes also testified she did not have a knife and did not see a knife during the incident.
Kim said his client, Nakamoto, suffered a broken nose and a stab wound to one of his thighs.
Kim also questioned Luepkes while on the stand as to why urinalysis at the hospital found amphetamines in her system. She said she never took or ingested crystal methamphetamine. On cross examination, Jackson asked if she had taken any medications, which she denied. She subsequently admitted taking for dietary reasons Adderall, which, according to the National Institutes of Health, combines dextroamphetamine and amphetamine and is commonly used to treat attention deficit hyperactivity disorder. She later said she was not prescribed the drug.
Kim further asked about Luepkes’ connection to the first officer on the scene, Kasey Ferreira, who was unavailable for the hearing. She described Ferreira as a “friend,” whom she knows on Facebook, but denied talking to him about the case other than asking if Nakamoto’s blood had been tested the night of the altercation.
One of the witnesses to the altercation, Heather Heers took the stand after Luepkes. Heers described the part of the fight she witnessed before she told her boyfriend to call 9-1-1 and yelled “what’s going on” prompting the three to stop fighting. She said the two women then left. Heers, who said she knew both victims prior to the incident, said her boyfriend then began to yell at Nakamoto about why he was fighting two girls.
“As (Nakamoto) stood at the door (of his vehicle) I could see a knife,” she said. After seeing the weapon, she told her boyfriend, whom Kim alluded was trying to provoke a fight with Nakamoto, to get away and the two returned to the market. Nakamoto left before officers arrived.
The lone officer to testify Thursday was South Kohala Patrol Officer Kyle Hirayama who said he arrived to find no one at the scene, but was later summoned by Ferreira who had located a witness, Heers. After determining who was involved, Hirayama went to locate Nakamoto. He found him at his residence tending to a “bleeding puncture wound” on his thigh and asked if he was involved in the incident.
“He said a female party, which he did not know, punched him in the face and at that time he told me it was self defense,” Hirayama testified. Medics were summoned and Nakamoto was transported to North Hawaii Community Hospital where he received stitches. Hirayama later testified that Nakamoto, upon being asked several times, said the wound may have been “self-inflicted.”
Hirayama said he twice asked if Nakamoto had a weapon to which he responded “maybe” before denying he had a knife on his person. Hirayama then asked if there was a knife in the vehicle; Nakamoto consented to a search of the vehicle where two knives were located. Both were recovered, one was later returned to Nakamoto’s wife.
The knife taken into evidence, found in the center console, was a “switch blade-type that would spring load that came straight up instead of outwards,” Hirayama testified. It had a 3-inch blade.
After Nakamoto was released from the hospital, he was arrested around 1:30 a.m. Oct. 13 and charged later that day.
Nakamoto subsequently asked to file a counter complaint against the women. Hirayama said he completed the complaint and submitted it to his supervisor. On cross examination by Kim, he said to the best of his knowledge the complaint was still pending.
The preliminary hearing will continue on Nov. 7 before Fujino in Waimea.