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Judge tosses out Waipahu stabbing case after 3 strikes by prosecutors

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David Kasty

Assault charges may be refiled against a 26-year-old homeless man who allegedly stabbed his wife in the back with a kitchen knife during an argument at a Waipahu shelter earlier this month.

David Kasty, 26, was charged Feb. 12 for attempted second-degree assault after allegedly stabbing his wife Feb. 10 around 6:30 p.m. at a homeless shelter at the Lighthouse Outreach Center on Leokane Street.

However, District Judge Lono Lee dismissed the case without prejudice Monday after three preliminary hearings had to be continued.

The prosecutor’s office said in the first preliminary hearing on Feb. 18 that a doctor who was supposed to testify was unavailable.

The suspect was not transported to District Court for the rescheduled preliminary hearing, which was supposed to be held Feb. 19.

At Monday’s third preliminary hearing, the complaining witness failed to appear.

The prosecutor’s office is considering reindicting Kasty.

According to a police affidavit filed in District Court Feb. 16, the incident started as an argument over the couple’s children at the Waipahu shelter where they live.

Kasty’s wife said her husband was drunk, and she told him to leave since she didn’t want to deal with him in that state.

When Kasty’s wife turned to walk away, she said “she felt like a punch to her back.”

The victim told police that she discovered her shirt was wet with blood and she ran for help, the affidavit said.

Shelter officials said the victim had a puncture wound on her back under her left shoulder blade.

Kasty fled, but was found by two shelter workers at the Waipahu Shopping Plaza.

A kitchen knife with a six-inch blade that Kasty dropped was also recovered by shelter workers, the police statement said.

25 responses to “Judge tosses out Waipahu stabbing case after 3 strikes by prosecutors”

  1. mikethenovice says:

    You can expect more victories like this in Caldwell ‘ s homeless shelters.

    • allie says:

      more incompetence in the prosecutor’s office

      • BigKala says:

        how is this the prosecutor’s fault? the suspect is not transported and the prosecution is to blame? the victim is uncooperative and the prosecutor is to blame? the doctor is uncooperative and the prosecutor is to blame? Put blame where it’s due, otherwise just read the article and carry on.

        • papio5 says:

          The prosecutors office is in charge of the case. If the case is to proceed, they should first confirm their victim will be cooperative, the witness will be available, and the prisoner is being transported. If they can’t do that, then all bets are off.

        • fumio50 says:

          Amen to that, BigKala! Exactly what I was thinking!

        • MANDA says:

          It’s the prosecutor’s job to have the case ready. The prosecutor makes sure the doctor will be there, the prosecutor stays in touch with the victim to make sure she feels safe and is ready to testify, and the prosecutor calls OCCC to be sure the defendant will be there. This is the prosecutor’s fault.

        • HAJAA1 says:

          BIGKALA, if you hadn’t noticed by now, the old bag named ALLIE is not very bright, so best to just ignore.

      • lwandcah says:

        I thought three strike and your out only happen with criminals and baseball players?

  2. mikethenovice says:

    Stab your wife with your pecka. Not with a knife.

  3. plaba says:

    Argue, stab your wife, and get charged with attempted assault? Why is this not an attempted murder charge?

    • Mickels8 says:

      That was my first thought. My second thought was why isn’t Child Protective Services stepping in to remove the children from these homeless substance-abusing parents. The welfare of the kids should come before any compassion for the parents. Can these homeless individuals provide a safe environment to meet their kids’ emotional, nutritional and basic needs? Not in my experience. My wife is a teacher and has homeless kids every year with drug-addicted parents. For some, their only meal is the school lunch because parents spend all their money on drugs. No slippers or shoes so my wife buys them school supplies and Payless shoes. CPS was informed many times yet does nothing because they say without the kids there is no reason for the parents to stop using drugs. In other words, the kids are there to give “hope” to the parents to change their ways. I heard it first-hand as my wife put the CPS conversation on speaker. CPS, do your job, welfare of the children should be your primary concern. When the parents clean up their act, they can get the kids back. That is about the best incentive there is for a parent.

  4. Cellodad says:

    The whole process of Criminal Justice is very complex. (Trust me, I spent so much time a participant that I’m now writing novels about it) The Police are required to reach a standard of probable cause, the courts or the Grand Jury are required to reach a standard of Probable Cause, a Judge and perhaps a jury is tasked with the job of deciding that probable cause exists and there is reasonable evidence to convict, sentence and incarcerate.

  5. Shawn211 says:

    Deport them all !!!! Kasty, the prosecuting attorney

  6. serious says:

    The first thing that crosses one’s mind is the incompetence of the PA’s office. But, let’s just sit back and analyze–has there been ONE office, ONE department, ONE branch of the Hawaiian/Honolulu government that hasn’t been highlighted by the SA for the same sort of incompetence? I know I have voiced this opinion before but with career politicians assured of reelection due to our one party system that doesn’t get challenged by another party and doesn’t get to negotiate because they all have the same DNA—unhealthy??? And as happened in Kingdoms of old—breed IDIOTS????

  7. AIEA25 says:


  8. mcc says:

    Get rid of Kaneshiro.

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