Toby Stangel, accused of a shooting spree that killed a woman and wounded two others, will not take the witness stand in his own defense.
At the close of the state’s case against him Monday afternoon, Stangel told Circuit Judge Glenn Kim that he will not testify. He also chose not to present to the jurors any other witnesses in his defense.
Stangel, 30, of Wahiawa, is facing a possible prison term of life without parole for allegedly shooting at two police officers and life with parole for allegedly shooting at five motorists on Waialae Avenue and the H-1 freeway, killing one of them and wounding two, during a 17-minute crime spree on June 3. He is on trial for second-degree murder, first- and second-degree attempted murder, firearm charges and possession of drugs and drug paraphernalia.
The jurors will hear closing arguments this afternoon.
Police said Stangel shot at one motorist waiting at a stoplight on Waialae Avenue in Kaimuki, shot and killed 54-year-old Tammy Nguyen at the same stoplight, shot at three other motorists near H-1’s Houghtailing Street exit in Kalihi, wounding two of them, and shot at two Honolulu police officers at a traffic stop in Aiea.
In opening statements to the jury last week, Stangel’s lawyer, John Schum, said Stangel does not dispute the acts of which he is accused.
Schum said that after viewing the state’s case, he does not believe the prosecutor proved the requisite state-of-mind element to sustain the charges. A person is guilty of a crime when he intentionally or knowingly commits an act that is a violation of law.
Prior to trial, Kim told Schum that Stangel he cannot claim insanity, even if it was temporary, as a defense if the insanity was caused by drug abuse. He also prohibited testimony from a defense mental health expert who examined Stangel.
