New trial for Deguair is scheduled for February


POSTED: Tuesday, November 17, 2009

The state will try again to convince a jury that a 32-year-old man shot another man in the back of the head and pushed him off a cliff near Yokohama Beach last year.

A state judge declared a mistrial yesterday after jurors in the Patrick W. Deguair Jr. murder trial told the judge they could not agree to verdicts for second-degree murder, kidnapping and firearm charges.

Circuit Judge Michael Town scheduled a new trial for February.

Deguair was on trial in the March 27, 2008, abduction and murder of Jermaine Duckworth.

The state says Deguair killed Duckworth, 24, for squealing on him to police about a November 2007 armed home-invasion robbery in Maili. Deguair is awaiting trial for that case and the April 2008 robbery of Aiea Cue. Duckworth was also a suspect in the Maili robbery.

Deguair's lawyer says the state's key prosecution witness, David Teo, who testified as part of a plea deal with the state, is the real killer.

Another man, who told police and prosecutors he witnessed the shooting, did not testify. His lawyer said his client did not take the stand because plea negotiations broke down.

The jurors did, however, find Deguair not guilty of drug and drug paraphernalia possession.

When Honolulu police arrested him April 3, 2008, in a Pagoda Hotel room, they found methamphetamine and pipes in the room.

Another man who was in the room pleaded guilty to possessing the items and is serving a 10-year prison term.