Prosecutor explains choice to drop cases

City Prosecutor Keith Kaneshiro defended his office Wednesday for declining to prosecute two fatal stabbings this week, saying the slayings were acts of self-defense.

"Under the code of professional responsibility, the prosecutor’s job is not to seek convictions, but to seek justice," he said. "Our role is not to base our decisions on emotions. … People did die. It’s unfortunate it happened, but we still have to base our decisions on the facts and the evidence that we find."

The Prosecutor’s Office declined on Sunday to charge a 42-year-old homeless man who stabbed 20-year-old Brycen Iona on Jan. 22 in Waikiki. Kaneshiro said the homeless man was being threatened by three men at the time.

"The law of self-defense indicates that you can use deadly force if you’re in imminent danger of someone inflicting deadly or serious bodily injury upon you," Kaneshiro said. "The suspect was in that position. He was justified to use deadly force."

Kaneshiro said the man was initially approached by Iona and another man, who had taken his and his girlfriend’s bags at the concession area at Queen’s Surf. The homeless man called police to report the incident, then went after the bags, which contained the couple’s only possessions and their food for the day. When the man confronted the group, Iona punched him and another man threw a full beer can that hit the man in the head.The homeless man then stabbed Iona and Iona’s friend.

Police initially arrested a 39-year-old man based on statements by Iona’s friends. But he turned out to be the wrong suspect, calling the group’s credibility into question, Kaneshiro said. Police identified the assailant through surveillance video at the concession stand and arrested him Friday. The knife was never recovered.

Iona’s friends may have had "some interests" in what they said because they were part of Iona’s group, and Iona was well-known to police in Waikiki as a person involved in other crimes, Kaneshiro said.

Kaneshiro and another supervisor agreed with the deputy prosecutor’s recommendation to drop the case under the law of self-defense.

Prosecutors also believe a 33-year-old man was defending himself when he stabbed Esewil Rekis, 32, and three other people during a fight Friday at Mayor Wright Homes in Kapalama. The man was released by police without charge Sunday.

Kaneshiro said the man was confronting people near his vehicle when Rekis approached and began arguing. He said Rekis and several other men mobbed the man, who fell to the ground, then took out a 2-inch folding knife and struck out with the weapon.

Kaneshiro and the deputy prosecutor’s supervisor approved the decision to close that case.

Kaneshiro said it’s "coincidental" that two cases of self-defense happened in such a short time, adding that he was not encouraging people to use deadly force.

"But when that happens, we will have to look at the law to see whether the facts justify those actions," he said. "If they’re not justified, they will be charged with a crime."

A Rekis family member, who asked that her name not be used because she fears for her safety, said her father was stabbed in the fight while trying to help a neighbor who had been knocked down in the fight. Rekis was stabbed when he went to help her father, she said. The assailant "probably thought everybody was going to beat him up," she said.

She said the family is looking for a lawyer and hopes someone will take another look at the case.

"I cannot believe a cold killer is on the street," she said. "We don’t feel safe anymore. We’re not mad. We just don’t feel safe anymore that he’s on the loose again."