Defendant is acquitted of murder charge

A state judge has acquitted a defendant accused of fatally stabbing his victim with pieces of a broken glass louver after finding that the prosecutor failed to present to the jury enough evidence to support the murder charge.

Vainuupo Tosoga, 24, was on trial in state court for murder in the April 19, 2013, stabbing death of Jason Oliveros.

Honolulu police said they found Oliveros, 20, nude and bleeding, on the side of Halona Street in Kalihi after responding to a report of a group of males chasing another male. Oliveros died at the scene shortly after a city ambulance crew arrived to assist him.

Oliveros had bipolar disorder and had recently been released from a hospital psychiatric ward.

Honolulu Medical Examiner Dr. Masahiko Kobayashi testified that Oliveros bled to death from a shallow stab wound near his groin that punctured his right external iliac artery. He said Oliveros had another shallow stab wound in his chest and 16 cuts over other parts of his body.

After the state completed presenting its case Thursday, Circuit Judge Karen Nakasone determined that the prosecutor failed to present evidence that identifies Tosoga as the person who delivered the fatal stab wound.

“Based on the state of the record, there were not enough facts that were elicited and not enough evidence educed to support inferences or facts to establish the involvement of this defendant and the conduct of this defendant leading to the death of Jason Oliveros,” Nakasone said.

Witnesses testified that Tosoga was among a group of males who were in an apartment on Waiakamilo Road, across the freeway from Halona Street, when they heard Oliveros run past the apartment yelling while being chased by another male. Tosoga and the others went outside to see what was going on and encountered the male who had been chasing Oliveros walking away in the other direction.

Two witnesses said they heard glass break at the corner of Halona Street and Makalapua Place, where Oliveros and two males were. One of those witnesses testified that he saw Tosoga punch and kick Oliveros.

Nakasone said the evidence supports misdemeanor assault, which carries a maximum penalty of one year in jail.

Tosoga has been in custody since his arrest more than four years ago. He was expected to tell Nakasone this morning whether he wants to continue his trial on misdemeanor assault or to plead guilty or no contest to the charge.