A Circuit Court jury of eight women and four men will resume deliberations today on whether Nainoa Damon, the then 19-year-old son of a Honolulu police sergeant, was the masked man who fired the deadly shot into the belly of Haaheo Kolona, 18, during a botched 2022 robbery at a scenic lookout on Round Top Drive.
The jury, which began hearing testimony May 2, will try to determine whether he is guilty of second-degree murder, first-degree robbery, two firearm charges and first-degree terroristic
threatening.
During her closing statement to the jury, Deputy Prosecutor Anna Ishikawa went down the list of eyewitnesses she called during trial, most of whom knew Damon and identified him as the man who jumped out of a car, wearing a ski mask, and interrupted their social gathering at the lookout that ran into the early morning hours of March 18, 2022.
She said Damon put Edward Aiden Curti in a chokehold and tried to pull the gold chain from his neck. But he saw Kolona reach for his handgun, grabbed Kolona and fired a shot into his abdomen.
Ishikawa said Curti, who knew Damon for four or five years, identified Damon as being the person who pointed a gun at him. She said he could see his face, his tattoo, heard his voice, correctly described his height and build, and told police he knew right away it was the defendant.
Kyla Hao, who knew Damon for years and dated him for three to four months, recognized his eyes in the moonlight.
Uilani Yen, a friend for years “up until the incident,” testified Damon told her he was going to rob Curti and that Damon stood in the middle of the group, just 5 to 6 feet away from her. “He wanted her to go out with him and went out with
Aiden’s group instead,”
Ishikawa said.
Yen recognized his voice and his tattoo.
Andreas Schneider testified he did not drink or smoke weed, and positively identified Damon on March 11. Schneider said he knew Damon from high school. Schneider said he was so close to Damon that he could see the barrel of the gun, saw him tugging on the gold chain, and heard him say, “This is a f——g robbery.”
Ridge Lii said he knew Damon from Mililani High School and saw him arrive and put Curti in a chokehold, saw the muzzle flash and recognized him from his height and build.
Damon’s attorney, Nelson Goo, tried to discredit the
13 witnesses, saying that they were intoxicated and that it was too dark to see anything.
But the state said there was a full moon and that the tattoo on his right hand was visible because he held his gun in that hand.
Goo said there were conflicts about the color of his ski mask and that some who knew him from high school said they recognized his tattoo, which he didn’t get until later.
Goo’s case also hinges on using the times given by the state’s expert witness, FBI special agent Andrew Masters, who testified regarding Damon’s location and times based on the pings from his cellphone, the time of the 911 call and Goo’s own
deduction.
He said that the 1:46-
1:55 a.m. time frame — which Masters said was a nine-minute data session that involved user-initiated data — is undisputed.
He claimed Damon could not have been in two places at the same time.
Goo said, “The pinging never puts Nainoa there at the lookout, the crime scene.”
He said Masters testified that Damon’s cellphone left Chinatown at 1:37 a.m., and the first officer on-scene estimated it took nine minutes to drive from the bottom to the lookout.
He said it was a slow cruise, no rush going or leaving.
That would have put
Damon at the lookout at
1:55 a.m., but Goo claims the offense occurred at 1:42 to 1:43 a.m.
Goo said police failed to do gunshot residue tests on his client, but Ishikawa said Damon turned himself in the following day, so he would have had time to wash his hands and change his clothes. HPD did testing on the people at the scene, which verified a gun was fired.
Goo said in his closing argument that Damon’s mother, HPD Sgt. Jennifer Bugarin, testified she advised him, “Turn yourself in for your own safety.”
But Ishikawa said that her testimony was irrelevant and that she was nowhere near the scene because she was working until 7 that morning, not with her son during the shooting.
He wasn’t living with her at the time, and tried to reach him but failed.
“She knew he was the suspect,” Ishikawa said.
Goo also criticized the detectives’ use of a single photo ID of Damon, which he said is inherently suggestive, and the witnesses had hours to talk among themselves at the hospital and at the scene, saying they identified him through the “rumor mill.”