Toby Stangel, accused of a 2011 freeway shooting spree, is guilty of reckless endangering, not murder and attempted murder, defense lawyer John Schum told the jurors in Stangel’s state court trial Tuesday.
Stangel, 30, is facing second-degree murder, three counts of first-degree attempted murder, four counts of second-degree attempted murder, firearm charges and drug and drug paraphernalia possession charges.
After four days of testimony, jurors began their deliberations Tuesday.
Stangel did not testify in his own defense or present any witnesses.
Schum repeated to the jurors Tuesday what he had told them in opening statements last week, that Stangel does not dispute any of the facts in the case. But he said the state failed to provide evidence why Stangel did what he did during a 17-minute shooting spree on Waialae Avenue and the H-1 freeway in the early morning hours of June 3, 2011.
The prosecution didn’t prove that Stangel intended to kill anybody, Schum said.
Prosecutor Dwight Nadamoto told the jurors the state doesn’t have to explain why or provide a motive. "This case is about taking responsibility for your actions," Nadamoto said.
Each of the first-degree attempted murder charges carries the state’s harshest penalty of life in prison without the opportunity for parole. Two of them are for allegedly shooting at two police officers at a traffic stop on the freeway in Aiea.
Schum said the prosecutor did not provide evidence that Stangel knew the men were police officers performing their official duties or that Stangel shot at them. He said none of the shots went anywhere near the officers.
The third first-degree attempted murder charge is for allegedly shooting at 54-year-old Tammy Nguyen and Nguyen’s then-16-year-old daughter Cindy while they were waiting at a stoplight in Kaimuki. Tammy Nguyen was shot in the head and died of her injury. Stangel is charged with second-degree murder for Nguyen’s death.
Schum said there is no evidence that Stangel shot at both mother and daughter.
Cindy Nguyen, who was in the front passenger seat next to her mother in the family minivan, testified that she ducked when Stangel started shooting and didn’t raise her head to see what was happening until she believed Stangel had left.
