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911 recording opens trial

  • DENNIS ODA / DODA@STARADVERTISER.COM
    Defense attorney John Schum confers with his client Daniel Khanaoi, who is charged with second-degree murder in the shooting death of Craig Kimsel in Kailua last year.
  • DENNIS ODA / DODA@STARADVERTISER.COM
    Prosecuting attorney Jeen Kwak describes how Daniel Kahanaoi shot Craig Kimsel in the neck.
  • DENNIS ODA / DODA@STARADVERTISER.COM
    Defense attorney John Schum says the angle of the second bullet Kahanaoi shot at Kimsel indicates that Kimsel was getting up and possibly reaching for a weapon, so that Kahanaoi had to defend himself.
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Lawyer Craig Kimsel was calling for police when a man shot him. Kimsel’s last words to the police 911 operator were, "I need a beat man to come to my house, 454 Oneawa St."

After a period of silence, the operator asked another operator whether what she heard was a gunshot, then said it sounded like two gunshots. Then they heard a woman say, "Oh, God. Call the cops, call the cops."

The 911 recording was played yesterday in the trial of 46-year-old Daniel Kahanaoi, who is charged with second-degree murder in the April 28, 2009, killing of Kimsel at his Kailua home.

Prosecutors contend that the shooting occurred because Kahanaoi believed his ex-girlfriend was with Kimsel.

Jeen Kwak, deputy prosecutor, said the woman who yelled in the 911 recording is Rusty Anoba, Kahanaoi’s ex-girlfriend, who was hiding from Kahanaoi in Kimsel’s home.

Anoba was a previous client and girlfriend of Kimsel’s.

The day before the shooting, Kwak said, Kahanaoi called Anoba and told her, "Don’t come home. If I catch you with that haole f—–, I’m going to kill both of you."

Anoba and Kimsel had each filed for restraining orders against Kahanaoi. And Kimsel’s family said Kimsel fortified his home with a tall fence, gate and a security system to protect himself from Kahanaoi.

Kahanaoi’s lawyer, John Schum, said in an opening statement yesterday that Kahanaoi shot Kimsel in the back and the back of the neck in self-defense.

Schum said Kimsel invited Kahanaoi into his home. Once they were inside, he said, Kimsel pulled out a weapon. He said Kahanaoi reacted.

"He reaches for the weapon and grabs it and pushes Mr. Kimsel away. And as the two people were separating, the first shot is fired," he said.

The shot hit Kimsel in the neck.

Schum said Kahanaoi shot Kimsel a second time in the back because he saw Kimsel reaching for a metal object on the floor.

Eric Stratman, who was in Kimsel’s home to install a wet bar, said there was no struggle between Kahanaoi and Kimsel. He said Kahanaoi fired the first shot as Kimsel was talking on his cell phone and turning away from Kahanaoi.

"(Kahanaoi) pretty rapidly pulled the gun out, cocked it and shot him, right when he was walking away," he said.

The shot in the neck hit a vertebra, paralyzing Kimsel, said Kwak.

Stratman said Kahanaoi fired the second shot in Kimsel’s back as Kimsel was lying motionless, face down, on the floor.

It was the second shot, puncturing the liver and heart, that killed Kimsel, Kwak said.

Police have not recovered what Stratman said was a semiautomatic handgun.

 

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