Carbon monoxide exposure cited as cause of deadly act

A 52-year-old Maui man — believed to have set fire to his Wai­luku house and fired a gun, killing his dogs and himself — suffered from carbon monoxide poisoning at work three years ago, his attorney said Thursday.

Attorney Scott Kubota said his client, Hal Silva, was well liked as harbormaster at the Lahaina Small Boat Harbor. But after a co-worker reportedly ran a gasoline generator in a closed closet next to the boat harbor office on Sept. 25, 2010, he changed.

Silva was often depressed, frustrated and angry, and would fly into a rage after suffering brain damage due to oxygen deprivation as a result of carbon monoxide poisoning, Kubota said.

"You don’t hear much about carbon monoxide except people trying to kill themselves," he said. "Here Hal was not trying to kill himself. He got poisoned, but the carbon monoxide made him kill himself. … This is a tragic irony that should never have happened."

An autopsy to be conducted next week will show "whether he shot himself or burned himself," Kubota said.

Police have opened an arson-suicide investigation into the 6:19 a.m. Wednesday fire involving Silva and his four dogs. Silva’s charred remains, along with those of three dogs, were found in the house at 1364 Kakae Place.

One dog survived and was turned over to an animal rescue company for treatment of a gunshot wound, but it’s unknown whether the other three were shot, police said.

Officers responded to what was a possible abuse case after neighbors heard yelling and gunfire.

They said Silva’s wife called police, saying Silva was dousing the house with gasoline and shooting the dogs.

Kubota represents the Silvas and a co-worker in a lawsuit that alleges Nelson Alana, a security officer who ran the generator, left it unattended in a closet next to the office’s intake vents unbeknown to workers in the office.

After the carbon monoxide exposure, Silva began having difficulty concentrating and reading, and would become frustrated, often leading to rage, Kubota said.

His wife would leave the house during these episodes to let him calm down, and he would be fine when she returned, Kubota said.

Silva sought psychological and psychiatric treatment through workers’ compensation, but the state denied payment and ordered him back to work, despite a Department of Labor ruling in his favor, Kubota said.