The attorney for a Nuuanu man accused of shooting his wife’s cousin following an argument last week wants the state to hold his client in the federal detention center to protect him from possible injury or harassment because the victim’s relative is a state prison guard.
Attorney Myles Breiner made the request Monday at Wellington Faleafine’s initial appearance in Honolulu District Court before Judge Shirley Kawamura. She set Faleafine’s preliminary hearing for 1:30 p.m. Wednesday.
Faleafine remained at Oahu Community Correctional Center late Monday afternoon, an OCCC official said.
Faleafine is charged with second-degree attempted murder and two firearm offenses in the shooting of his wife’s 27-year-old cousin, Tuiala Tuiala, at 10:13 p.m. Thursday in the laundry area of the Nuuanu Garden Apartments, 1719 Nuuanu Ave. Faleafine lives in the complex with his wife, and their front door is directly in front of the laundry area, a police affidavit said.
Breiner said Tuiala’s father-in-law works as a prison guard at Oahu Community Correctional Center, where Faleafine is held because he has been unable to post his $100,000 bail.
Breiner said he was not suggesting that anything improper might occur if Faleafine were held in OCCC, but said he was worried about his client’s safety and "wanted to put the state on notice."
Kawamura said she does not have the authority to determine where Faleafine would be held while awaiting trial, but would pass Breiner’s request to the Department of Public Safety, which runs the state prison system. Kawamura also rejected Breiner’s request that Faleafine’s $100,000 bail be reduced.
Breiner said Faleafine has been on probation for a 2009 felony drug conviction and "has never tested positive" for drugs during the past 21⁄2 years.
In an affidavit filed in District Court on Monday, police said Tuiala and Faleafine were drinking with several other men when the two got into an argument Thursday. Faleafine went into his apartment and returned with a small, black semiautomatic pistol, the police statement said.
Tuiala was shot several times in the head and torso and taken to a hospital for treatment for several gunshot wounds. While at the hospital Tuiala on Friday identified Faleafine as the person who shot him, the police affidavit said. The 27-year-old victim was last listed in stable condition.
Faleafine’s wife told police that when she heard gunshots, she looked out the front door and saw Tuiala bleeding and then fall to the ground. However, she told police that even though she went outside to help Tuiala, she did not see anyone near him.
On Wednesday, Faleafine’s wife said Tuiala had been at their apartment and got into "a big argument with her family members."
Tuiala was told not to return, Faleafine’s wife told police. Just before the shooting, Faleafine’s wife was on the phone with Tuiala’s wife telling her to come and get her husband, according to the affidavit.
Breiner told reporters after Monday’s hearing there were several other people present when the shooting occurred and that Faleafine didn’t shoot Tuiala.
Police arrested Faleafine’s 43-year-old wife for obstructing a police investigation. She bailed herself out Sunday morning. Nuuanu Garden residents said she had been resident manager of the complex until Saturday, when the landlord replaced her and her and husband and they were asked to leave within 60 days.
Police initially arrested a 26-year-old Pearl City man and 30-year-old Kalihi man for attempted murder in connection with the shooting. They were released pending investigation Friday.
Besides the 2009 felony drug conviction, Faleafine has three other felony convictions and three misdemeanor convictions.
