A jury of 9 men and three women will begin deliberating today on whether Gregory A. Farr is guilty of manslaughter when he fired a rifle four years ago from behind his locked front door at an intoxicated neighbor, who mistook Farr’s front door for his own in the Ewa Beach neighborhood.
Farr shot in the neck Chief Petty Officer John Hasselbrink, a 41-year-old Navy submariner, who was dropped off at about 3:30 a.m. April 15, 2018, by an Uber driver after a night out drinking with friends. Farr told detectives he was afraid the man was trying to break in and would hurt his 8-year-old daughter sleeping near the front door.
The 37-year-old is also being tried on carrying a firearm in the commission of a separate felony. Jurors were told Thursday to disregard two counts of failure to register a firearm, which were dropped.
In his closing arguments Thursday, Deputy Prosecutor Lawrence Sousie said Farr “wanted to shoot John in the chest. He could have shot John in the knee, in the legs.”
Farr could see his head through the window at the top of the door since he was 6 feet and taller than the window at the top of the door, Sousie said.
Sousie said self-defense cannot be used for the offense of manslaughter if the defendant was reckless in his belief or reckless in acquiring or failing to acquire any knowledge material to his justifiability.
Jurors must ask whether the defendant believes use of deadly force upon another person is immediately necessary, what were the circumstances as the defendant believed them to be, and is his belief reasonable. No, Sousie replied.
Hasselbrink did not break down the door and never entered the house, he said.
Farr had his girlfriend call 911, but the use of force was not immediately necessary, Sousie said.
“The defendant did not wait for HPD to arrive,” did not determine what or who he was shooting, and shot chest high, Sousie said, proving he was reckless.
He lifted up the semi- automatic rifle used by Farr.
Sousie said, “Ewa Beach is a residential neighborhood. There’s families. There’s kids. Ewa Beach is not a war zone.”
Sousie said Farr told detectives his daughter was within 3 feet of the door, saying she was sleeping there and he needed to protect her.
But if the lights were on, he was yelling, “Hey,” and the dog was barking, how did his daughter sleep through all this? Sousie asked the jury. “Or did the defendant shoot this door with his daughter sleeping 3 feet from it?” he asked, showing a photo from the stairs across the living room from which he said he fired the rifle. “It doesn’t add up.”
Sousie showed a depiction of what he alleges occurred of Hasselbrink turning to look at the house number to see where he’s at, which he said explains why he was shot through the left side of his neck.
Defense attorney Marcus Landsberg said in his closing arguments that Hasselbrink, 6 feet tall and 200 pounds, had to have had more than seven beers over an eight-hour period if his blood alcohol was .258, as a police officer and a medical examiner testified, and suggested he may have taken drugs.
He said the state failed to get all the details as to whether he had taken drugs, when they left the club, where the Uber driver dropped him off and exactly how long it took police to arrive.
Landsberg said Farr is law-abiding, with no previous record, and has been accused of a crime he did not commit.
“He was calm when someone tried to get in their house,” he said. “There was zero evidence he was not trying to break into his house.”
“The state’s entire case is based on speculation,” he said.
Sousie said of Hasselbrink, “He liked to drink beer, go to strip clubs. To that we say, ‘So what?’ John drank a lot of beer, but before he left his house, he left his keys at home, took an Uber.”
He fell asleep on the ride home, was dropped off first, stumbled out and went to the wrong door, Unit C-2 instead of D-2, which look similar at night, Sousie said. “He died before he was able to correct his mistake.”
Sousie said the state’s forensics pathology expert testified he died of a single bullet that entered the left side of his neck, but his .258 blood alcohol level “did not cause, nor contribute to his death.”
Correction: The jury in Gregory A. Farr’s trial has 9 men and three women. An earlier version had an incorrect breakdown.