A state judge dismissed a criminal case against two men accused of stealing 23 goats from a Kahuku farm Tuesday because the prosecution took too long to take the men to trial.
Shannon Chun, 25, of Mililani and Sherwin Mitchell, 25, of Waianae had each been charged with one count of theft of livestock after Honolulu police arrested them Sept. 25, 2013, for the theft of the missing goats from Kahuku Goats farm the previous week.
Deputy Prosecutor Lawrence Sousie admitted in court Tuesday that the prosecutor’s office did take too long, but he asked Circuit Judge Colette Garibaldi for the opportunity to recharge the case.
"This is a high-profile case," Sousie said. "This has the public’s attention, and the public is concerned about this, clearly."
Chun’s and Mitchell’s lawyers said publicity about the case has exposed their clients to unwarranted humiliation and threats.
Garibaldi denied Sousie’s request because she said she has other, more serious cases on her calendar awaiting trial. She noted that theft of livestock is a nonviolent crime, and although it is a felony, Class C is the lowest felony on the books (maximum possible imprisonment of five years). She also questioned how committed the state was to prosecuting the case since Sousie is the third prosecutor who has been assigned to it.
Honolulu police had previously arrested another suspect, George Makaniole, 26, of Waialua, but released him without charges when they arrested Chun and Mitchell. The state charged Makaniole in February with one count of theft of livestock. His case is still pending.
The lawyers for Chun and Mitchell told Garibaldi that they were ready to go to trial in January but that the prosecution asked for a postponement to collect DNA samples from their clients. Sousie said prosecutors needed to compare the DNA of the defendants with DNA left on duct tape found at the farm. He said he did not learn that police had not done that until he took over the case and spoke with the goat farmer.
Mitchell’s lawyer Myron Takemoto said the DNA evidence turned out to be a waste of time for the state. And because there was no match, "it exonerates both defendants."
Sousie said even without a DNA match, the prosecution would have been able to prove its case based on eyewitness testimony from at least two people and possibly four.
Police said a witness spotted a goat in the bed of a pickup truck used by Makaniole, took a picture of it and turned it over to police. The goat was bound with rope and had its mouth taped shut.
To date, none of the goats has been recovered.
"Quite possibly and logically, they were sold for dinner," Sousie said.
