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Judge refuses
to dismiss Uyesugi
indictment

The defendant is accused of
killing seven people at
Xerox last November

By Suzanne Tswei
Star-Bulletin

Circuit Court Judge Marie Milks denied a request today to throw out the murder indictment of accused Xerox gunman Byran Uyesugi.

Uyesugi's attorneys filed a motion last week asking for the dismissal of the murder charges against their client, who is accused of shooting to death seven co-workers last year.

Defense attorney Jerel Fonseca said the first-degree murder and second degree murder charges against Uyesugi are inconsistent.

He said first-degree murder would require the intention to kill all seven victims as a group, while second-degree murder would mean that Uyesugi intended to kill his victims individually.

The defense argued that in order for a grand jury to indict Uyesugi for first- and second-degree murder charges, jurors would have to find that Uyesugi acted with different and conflicting states of mind. The defense said the grand jury lacked sufficient evidence and could only speculate on Uyesugi's state of mind.

Deputy Prosecutor Kevin Takata said the prosecution can file both charges. He said what the grand jury must decide is different from what a trial jury may decide.

Milks ruled that the prosecution has the ultimate discretion and authority to charge on both counts.

If convicted of first degree murder Uyesugi would be sentenced to life in prison without parole. He might be eligible for parole under a second degree murder conviction.

On Nov. 2, Uyesugi, 40, allegedly gunned down his supervisor and six other co-workers in the state's worst multiple murder.

Uyesugi's attorneys are expected to use an insanity defense when the case goes to trial on May 15.