Shooting suspect freed
due to trial delays
A man imprisoned for the past four years awaiting trial in a fatal New Year's Eve 1999 shooting in Kapalama has been released.
Circuit Judge Marcia Waldorf dismissed murder and attempted-murder charges against Harvey Ababa yesterday, ruling that prosecutors failed to bring him to trial expeditiously, said Ababa's attorney, deputy public defender Todd Eddins.
But the judge's ruling means the state could come back and charge him.
Prosecutors have indicated they likely will take the case before a grand jury and seek an indictment.
Harvey Ababa and his cousin, Rodrigo Ababa, were charged with second-degree murder, first- and second-degree attempted murder, and firearms offenses in the killing of 22-year-old Richard Tambua and wounding Donald Kamaka, 24.
Rodrigo Ababa pleaded guilty in September 2000 to the lesser charge of manslaughter under a plea agreement.
He had said that during a New Year's confrontation with another group of men, he fired into the air. The gun jammed, and Harvey Ababa allegedly took the gun, which belonged to him, cleared the jam and began shooting.
Rodrigo Ababa was sentenced to 20 years in prison with a mandatory 10 years for using a firearm.
Meanwhile, Harvey Ababa's trial was delayed while the state appealed a judge's decision to suppress certain statements he made.
Ababa was elated at the court's ruling, Eddins said. "He wants to surprise his mom by showing up at their house."
Ababa has been incarcerated at the Oahu Community Correctional Center since Jan. 3, 2000.
Deputy Prosecutor Russell Uehara could not be reached for comment.
In his opposition to a dismissal, Uehara argued in court papers that the state could not be faulted for the delays, which it could not control, and that there were valid reasons for why Ababa had not yet gone to trial.
He said the delays were due to such matters as scheduling of trial, appointment of counsel, pretrial defense motions and lengthy continuances requested or consented to by the defense.
