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Tuesday, November 23, 1999



Palisades gunman
convicted on
12 counts

Kaua, who fired at police,
escapes the charge of
attempted murder

By Debra Barayuga
Star-Bulletin

Tapa

Prosecutors say they will seek consecutive life terms for a man convicted of attempted manslaughter for shooting at police officers during a 22-hour standoff in Pearl City a year ago.

A Circuit Court jury yesterday unanimously rejected a first-degree attempted murder charge and instead found Wayman Kaua, 31, guilty of the lesser charge based on extreme mental emotional disturbance.

While attempted manslaughter carries penalties of up to 20 years in prison, prosecutors can seek an extended term because Kaua qualifies as both a persistent and multiple offender.

After almost three full days of deliberations, the jury also convicted Kaua on 11 other counts, including first-degree attempted assault, reckless endangering, kidnapping, unlawful imprisonment, terroristic threatening and use of a firearm in a kidnapping.

If convicted of attempted murder, Kaua would have faced as much as life in prison without the possibility of parole.

His attorney, deputy public defender Todd Eddins, said he was pleased the jury acquitted on that charge. "Wayman Kaua came within an inch of being killed by a (police) sniper, and the jury's verdict suggests the four attempted murder charges were overkill."

Kaua's wife, Shellnell, the only family member in the audience, quietly wiped tears as the verdict was read. She later declined comment.

The defense had argued that Kaua wanted to kill himself because he was depressed about failing his family and had no intention of trying to kill the officers who arrived to arrest him for parole violations. He only wanted to buy some time, Eddins said.

Kaua did not dispute that he held his wife and another female resident in the Waimano Home Road residence at gunpoint, paralyzing the Pacific Palisades community for nearly 22 hours.

The state had argued that Kaua shot at the officers and held the women hostage as part of a plan to avoid prison. Kaua also tried to force police to shoot him, taunting police and threatening to shoot his hostages.

A police sharpshooter shot Kaua when he led his wife onto a balcony with a high-powered rifle at the back of her head. He lost sight in one eye but survived.

City Prosecutor Peter Carlisle, who handled the case, called it a "good verdict, if not a perfect one."

Carlisle said he will ask that Kaua serve two life terms, for attempted manslaughter and use of a firearm in a separate felony, consecutively. The sentencing will be Feb. 1 .

Kaua also faces the balance of a 10-year term he must serve until 2001 for taking his wife and children hostage in 1989.



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