Wounded man
‘hanging by thread’

The family's lawyer says
illicit drugs found by police
were planted

By Rod Ohira
Star-Bulletin

A 37-year-old Pupukea man shot twice in the back by a patrol officer last week is "hanging by a thread" to stay alive, says his family's attorney.

"The two bullets exploded inside, destroying much of his organs," attorney Paul Saccoccio said, referring to Fortunato "Junior" Barques III, shot last Wednesday on a private road at Pupukea when he allegedly reached for a gun while walking away from the officer.

Barques' condition worsened yesterday at Queen's Hospital as his temperature rose to 103 degrees. "He's going downhill, and they're trying to slow it down," said Antone Liptak, Barques' brother. "The doctors told me he could die, no doubt about it."

Barques has lost a kidney and has bleeding in his lung. Fragments of the 9mm bullets are lodged in his spine.

Liptak said his brother, who has been unable to speak, has had moments of consciousness in the past seven days and has communicated by blinking his eyes.

Saccoccio, meanwhile, criticized comments made by Lee Donohue last week in which the police chief said, "In the last two cases, the common denominator was the illicit use of drugs."

Donohue was referring to the shootings of Barques and Mark Harriman, wounded Thursday while fleeing from Brokaw Street in Kapahulu in a stolen car.

"Donohue has already said the police action was justified because it was drug-related," Saccoccio said. "How can he come out and say that before their investigation is completed?"

Saccoccio added Barques was not into drugs, and does not believe he was under the influence of drugs when the shooting occurred. "It was probably planted," Saccoccio said about the small amounts of marijuana and crystal methamphetamine recovered by police in a search of Barques' sports utility vehicle.

Detectives are investigating whether Barques was involved in prior drug-related cases and have requested medical reports from Queen's Hospital to determine whether drugs were in his system.

"Attorneys say a lot of things for strategic purposes," said police spokeswoman Jean Motoyama today. "This case is currently under investigation by Internal Affairs and will be presented to the prosecutor's office. The prosecutor will make the determination whether the shooting was justified."