Fatal stabbing a matter of self-defense, lawyer tells jury in story of drunken fight

Peter David fatally stabbed his 27-year-old cousin in self-defense after the two men had been drinking for hours to celebrate the new year, David’s lawyer said Wednesday in opening statements to a state jury.

David, 29, is on trial in Circuit Court on a charge of second-degree murder in connection with the death of Santhony Albert outside a Waipahu apartment early on Jan 2.

The two men had been drinking the night before at a party with other relatives in Kalihi. The party broke up because it had gotten out of control, with two other cousins wrestling and arguing over a karaoke machine, said Deputy Prosecutor Darrell Wong.

At the party, Albert declared he could beat up David and asked David whether he would like that, said Edward Aquino, David’s lawyer.

The two men and some of the relatives left Kalihi and went to an apartment on Awanei Street in Waipahu, where they continued drinking. The partying again got out of control, with Albert and David arguing and wrestling, Wong said.

He said police officers went to the apartment in response to a noise complaint from a neighbor.

When the officers arrived, they saw that David had a cut on the bridge of his nose caused by sucker punches delivered by Albert, Aquino said. He said David also suffered a bruise to his forehead, a black eye and abrasions to his knees and neck at the hands of Albert.

While the officers were still at the apartment, Wong said, David told Albert, "Nobody does this to me, make me look like this."

After the officers left, Albert called David out to the parking lot for a fight, Aquino said.

Wong said it was David who called Albert out to fight.

When David went to the parking lot to discourage Albert from fighting, Albert attacked him, Aquino said. While on the ground, David had to make a split-second decision, he said.

"He can either get beaten up by a drunk Santhony Albert or defend himself against a drunk Santhony Albert."

Aquino said David grabbed an object and hit Albert with it. Albert paused, then moved away.

David then armed himself with two rocks, but dropped them and ran away when he saw Albert on the ground, Aquino said.

Wong said David used the rocks to assault another cousin who was trying to prevent him from attacking Albert with the rocks.

Albert died from a single stab wound after an object entered his left rib area and punctured his lung and heart. Police have not recovered the weapon.

Wong said the size of the entry wound is consistent with a flat-head screwdriver.

Wong said Albert’s blood-alcohol content at the time of his death was 0.25, more than three times the legal threshold for drunken driving.