Victim of
police shooting at
Pupukea dies

A criminal investigation
in the case is completed

By Rod Ohira
and Lori Tighe
Star-Bulletin

Fortunato "Junior" Barques III died with two bullets still lodged in his spine, 61 days after being shot by a police officer at a Pupukea heiau.

Barques, 37, of Pupukea was pronounced dead about 7 a.m. yesterday in Queen's Hospital. He is the third person killed by police this year.

Police, meanwhile, have completed their criminal investigation into the shooting and will present the case to the Honolulu prosecutor's office after an autopsy is done today on Barques.

"All it's going to tell us is cause of death," Internal Affairs Lt. Greg Poole said of the autopsy. "Basically, the investigation is completed."

Investigators hope to meet with Larry Grean, deputy prosecutor in charge of screening intake, by early next week, Poole said.

Barques was with his girlfriend at Pu'u O Makuha Heiau on May 5 when a patrol officer, 36, ordered them out of their truck after they attempted to leave the parking lot.

Police had been investigating 11 vehicle break-ins at the heiau near Barques' farm. The officer reportedly felt threatened by the manner in which Barques' truck was approaching his vehicle.

The woman, who obeyed the officer's order to lie face down on the road, heard the shots but did not see what happened. No one saw the shooting, Poole said.

Barques, armed with a shoulder-holstered .40-caliber Glock handgun, was shot twice in the back as he walked up a private roadway, failing to heed the officer's warning to stop.

The officer, who returned to work after a brief administrative leave following the shooting, told his supervisor he knew Barques was armed, and fired when he saw the man reach for the gun.

Barques had lingered in critical condition for months after bleeding internally and losing his colon and a kidney.

"His family had great hopes he would survive because of his determination to live," said Paul Saccoccio, the Barques family's attorney. "They are in grief."

The family remained at Barques' bedside for nearly two months, Saccoccio said. "He'd show some signs of making a comeback but could never overcome the internal bleeding." He said the hospital bill was $71,000 after the first three days -- "and he was there for two months."

Barques had no criminal record, according to Saccoccio.

"Junior was a harmless man and a helpful person. He was caring for his property. Police came and scared the life out of him and his girlfriend," he said.

Saccoccio said police found Barques' .40-caliber Glock semiautomatic handgun locked in its holster and his cell phone on the ground, suggesting that Barques had been reaching for his phone instead of his gun.

Police reported finding small amounts of marijuana and crystal methamphetamine in Barques' Blazer.

Barques' family said in a statement: "Junior was a kind and gentle man who meant harm to no one. He was a son of Hawaii who loved it, people and the land. He will be missed by those who knew him and loved him."

The other two fatal police shootings this year:

Benedict "Tiki" Manupule, 18, killed New Year's Day in Mayor Wright Housing after firing a gun into the air; that was ruled a justifiable shooting.

Rodney Laulusa, 30, wielding butcher knives, killed Jan. 22 in Palolo Valley Homes; an internal investigation is continuing.