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Jury deadlocks on
dog owner’s assault
charge, finds him guilty
in attempted avocado theft

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By Debra Barayuga
Star-Bulletin

A Circuit Court jury found Donald Cruz guilty of attempting to steal avocados from a tree at a North Shore home in April.

But they were hung on whether Cruz was guilty of second-degree assault for instructing his pitbull Manu to attack the homeowner, Teruo Ohashi.

Circuit Judge Dexter Del Rosario yesterday declared a mistrial on the second-degree assault charge. But he expressed concern that the jury took less than 2 1/2 hours to deliberate on the complex issues before them before notifying the court that they could not agree on the assault charge.

Deputy public defender Jerry Yashiro said he was disappointed the jury couldn't agree.

"I'd like them to come to a decision, but they didn't," he said. "I just gotta go back again."

Deputy Prosecutor Charlene Ikeda indicated the state will oppose any motion to dismiss the assault charge and would like to retry Cruz.

The state had argued that Ohashi was exercising his powers of citizen's arrest after he discovered Cruz in his avocado tree and tried to detain him.

Cruz had conceded from the beginning that he was guilty of the attempted theft, Yashiro said.

Caught red-handed, Cruz tried to avoid a confrontation by attempting to leave and tried to fend off Ohashi, who kept trying to grab him, Yashiro said during closing arguments.

When Ohashi got him in a headlock, Cruz testified he told his dog, "Get 'em, Manu, get 'em," but only so Ohashi would loosen his grip and did not expect the dog to bite.

While Ohashi did suffer injuries, they were superficial, Yashiro said.

Cruz had found the pitbull three months earlier and testified he had taught Manu only to fetch and lie down, Yashiro said.

Cruz' directions to Manu were caught on the 911 tape when Ohashi's wife called police for help.

Cruz faces a 30-day jail term on the attempted theft.