Evidence allowed in arson case

KEALAKEKUA — More details are coming out in the case of Ocean View man who allegedly lit his home on fire with family members inside on Feb. 2.

James Mark Thomas, 38, is charged with first-degree arson, first-degree terroristic threatening and four counts of second-degree endangerment.

His trial is set for Nov. 29.

Thursday’s hearing was to resolve questions raised by defense attorney John Knoebber if alleged statements by his client and police photos taken inside the home could be used at trial.

The testimony followed the trajectory of the incident, which began with Officer Len Hamakado, who was the first police officer on scene, taking the stand.

“The house was engulfed in flames,” he said.

He testified that bystanders identified Thomas as the man who ignited the blaze.

“I did not speak to anyone, they were yelling at me,” he said.

Hamakado also saw Thomas throwing liquid on the building.

“Officers were not aware if he was trying to stop the fire or increase the fire at that time,” said deputy prosecuting attorney Kate Deleon.

Hamakado ordered Thomas to stop and come over. The officer testified that Thomas told him he was “being in a bad place and depressed.”

Thomas denied the officer’s account.

When he took the stand he said the only interaction he had with Hamakado was to ask to speak to his family, which Hamakado allowed before placing him in a police vehicle.

Hamakado also testified that Thomas told him, unprompted, that he was burning old bank receipts, which Thomas also denied.

“I’d like to have (Hamakado) take a polygraph. I’m pretty sure I’d take his badge and his job,” Thomas said.

At that point at the scene, Thomas was not actually under arrest but was being detained while the investigation continued, Hamakado said.

It wasn’t until later that Officer Brian Markham, who was the lead investigator, determined there was probable cause to arrest Thomas. Markham said he spoke to a person who was in the house at the time of the fire and witnessed Thomas go into a bedroom with another family member. That room was where investigators would later determine the fire started.

“I do not know how she came to the conclusion that he started the fire,” Markham testified of the witness.

The person said Thomas started it with “sheets.”

“I remember her saying (Thomas) wasn’t threatening or intending to hurt anyone,” Markham said.

Thomas’s testimony did not extend to the ignition of the fire, as the hearing was limited to a discussion about probable cause for the arrest and if photos of the scene were admissible.

The debate with the photos was shorter. They were taken on the property by Detective Walter Ah Mow. He testified he had permission from two family members, including the property owner, to capture the images for the investigation.

Knoebber argued that the department has forms to confirm someone has authorized police to go onto their property. No such form was signed.

Kona Circuit Court Judge Ronald Ibarra pointed out there was no contradictory testimony that Ah Mow had permission to be on the property and photograph the damage for evidence.

He ruled Thursday all that evidence, as well as Thomas’s statements made at the scene, will be available for the trial.