A Wahiawa man accused of the 17-minute shooting rampage that left one dead and two wounded might take the witness stand Monday when his trial resumes.
Toby Stangel’s attorney, John Schum, said Thursday that they will be considering whether he should testify and make the decision Monday morning.
Stangel, 30, isn’t disputing that he fired the shots, according to Schum’s opening statements to the jury, but the defense lawyer said the prosecution must prove that Stangel intentionally or knowingly killed or attempted to kill the victims.
The defense is scheduled to open its case Monday after the prosecution’s final three witnesses take the stand in the morning.
Schum told Circuit Judge Glenn Kim that Stangel is the only witness who might be called to testify for the defense.
Stangel is charged with murder, attempted murder and firearm and drug charges related to the shooting spree early on June 3, 2011.
Tammy Nguyen, 54, was shot and killed in her van on Waialae Avenue. Two other motorists were wounded on H-1 freeway in Kalihi.
Stangel is also accused of firing at two police officers near the westbound fork of Moanalua Freeway and H-1.
Brandon Ogasawara, one of the officers, told the jury Thursday that he saw the flash of a gunshot and later discovered a bullet had hit his motorcycle’s gas tank.
The officer said he was assisting at a traffic stop when they saw a car stop. He said as he took a half-step toward the car, another officer yelled, "Gun!"
"The muzzle flash went off," he said.
Ogasawara said he jumped to his left and ducked behind a police car.
He said he initially heard three shots, then two more before the car drove away.
The officer said he later noticed that gasoline was leaking from his motorcycle.
Stangel was later arrested on H-1.
