A 25-year-old man, who struck the head of a stranger on a urinal, and stabbed and stomped on him in the restroom of a popular Kapolei restaurant, was found guilty as charged Monday of
second-degree attempted murder.
Circuit Judge Kevin Souza found the victim, Robby Bounkanha, 25, credible in describing what occurred the evening of Oct. 3, 2023, at the Taqueria El Ranchero.
The judge found the state proved beyond a reasonable doubt the elements of attempted murder and that defendant Jared Elizares’
defenses lacked merit.
The 25-year-old faces life with the possibility of parole when he is sentenced
Aug. 28.
Elizares waived his right to a jury trial, opting instead for a bench trial, in the attack on Bounkanha at Taqueria El Ranchero in
Ka Makana Alii.
Elizares mumbled something, shaking his head slightly, then hung his head as Souza rendered his verdict, which came five weeks after closing arguments.
The trial commenced March 11 with oral arguments, continuing four more days of testimony until
April 2. Harrison requested the parties be allowed to submit written instead of oral closing arguments, which were filed by April 9, and the state’s rebuttal on April 11.
Elizares chose not to testify but, through his attorney, William Harrison, admitted to the unprovoked attack.
A mental health professional and Elizares’ parents testified Elizares had gotten a promotion at The Cheesecake Factory, and showed up to work drunk the afternoon of Oct. 3, 2023. He was told to go home, but instead went to the nearby Taqueria El Ranchero and continued to drink.
“The facts show that
Jared’s intent was to cause harm, not death, and that his actions were influenced by his impaired mental state and alcohol consumption,” Harrison wrote in his closing remarks.
Harrison had asked the judge to find him guilty of first-degree assault, which carries a sentence of
10 years, instead of
attempted murder, punishable by life with the possibility of parole.
Souza agreed with Deputy Prosecutor Kyle Mesa’s closing argument that “but for Robby’s defensive actions and his ability to eventually disarm … Robby’s injuries would have been lethal.”
Mesa said Elizares “randomly and violently attempted to kill Robby Bounkanha, without warning or provocation.”
Souza likened it to someone shooting at a person’s head. If the person turned his head at the last minute and sustained a flesh wound, it would not negate the intent to kill.
Mesa said the defendant’s actions met the criteria for attempted murder, namely that he intentionally engaged in conduct and believed the conduct was a substantial step in causing the death of another person.
Bounkanha was in the restroom at about 6:51 p.m. Oct. 3, 2023, looking in the mirror as he tried to put on some piercings he bought that day, when he saw Elizares stop and stare at him in the mirror, which made Bounkanha uncomfortable.
When Bounkanha asked him what he wanted, Elizares was silent and walked into a restroom stall. He came out, and Bounkanha was still at the mirror.
Elizares put one arm around the victim’s shoulders, and with the other took his small pocketknife
to slice Bounkanha’s throat, but Bounkanha quickly pushed the knife away, receiving a superficial laceration to his neck.
Elizares continued by bashing Bounkanha’s head into a urinal, causing him to fall to the floor on his back. While still on his back, Elizares lunged at him three times with the knife toward his chest, and succeeded on the fourth try, the force of which fractured Bounkanha’s breastbone, causing the space between his lungs and chest wall to fill with air and blood, resulting in a collapsed lung.
Elizares went for the neck, head and chest, all vital areas, Mesa said.
Souza said Dr. Frederick Yost, the emergency room physician who treated Bounkanha, testified the slash to the neck, which contains the jugular vein and carotid artery, could have caused death if Bounkanha not gotten immediate medical intervention for the stab to the chest.
The judge said “the defendant argues his actions were either justified and/or mitigated (lessened the gravity of the offense) by his impaired mental state and or his alcohol consumption prior to the altercation,” which he found “equally without merit.”
But he noted the defense did not offer any traditional affirmative defenses (such as self-defense or lack of criminal responsibility because he suffers from extreme mental or emotional disturbance).
Souza said it is undisputed he was intoxicated. An employee at the restaurant testified Elizares was so intoxicated, she cut him off alcohol and ordered
him food instead.
Souza said, “Hawaii does not recognize a diminished capacity as a distinct category of mitigation or defense outside of HRS 704 (physical or mental disease, disorder or defect excluding criminal responsibility).”
He also cited HRS 702-230(2): “Evidence of self-
induced intoxication of the defendant is not admissible to disprove the state of mind sufficient to establish an element of the offense.”
The judge said while the defense did not assert
diminished-capacity defense, Harrison wrote that his client’s actions were “the result of his impaired mental state and emotional turmoil” and that he has a history of depression stemming from a traumatic childhood, the suicides of his father and brother, and the abuse his mother endured.
Dr. Marvin Acklin testified that Elizares’ “mental health struggles combined with his alcohol consumption clouded his judgment and decision-making abilities.”
He said Elizares had his own head bashed against a urinal when he was in the fourth grade, and wanted to “make someone else feel the pain.”
But Souza said Acklin was clear: The lack of criminal responsibility because of
an extreme mental or emotional disturbance does not apply in this case because there was no provocation or threat he was responding to, and there was no loss of self-control.
Acklin believed Elizares’ actions resulted from low feelings of self-worth, his shame of being cut off from alcohol, and a loss of internal inhibition against violence due to his alcohol consumption, the judge said.
Souza noted Acklin also ruled out lack of criminal responsibility because Elizares was not suffering from a major psychiatric condition at the time, and he understood the wrongfulness of his actions, as shown by his apologizing to Bounkanha before he left the restroom.
