Man ruled sane
in deadly spree

A Kauai circuit judge finds
Howard Giddens guilty of murder
for his shooting rampage

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By Anthony Sommer
tsommer@starbulletin.com

LIHUE >> Howard Giddens may have been delusional, but he still had the "ability to control his conduct" when he went on a rampage in Hanamaulu on Sept. 18, 2000, killing one man and wounding another, Kauai Circuit Judge Clifford Nakea ruled yesterday.

Nakea, who heard the case without a jury, found Giddens guilty of second-degree murder, two counts of attempted murder, reckless endangerment, criminal property damage and illegally carrying a loaded firearm in a vehicle. Sentencing is set for May 30.

Testimony at the trial showed Giddens followed a transient, Nelson Cuba, from a convenience store to Hanamaulu County Beach Park and fired several shots at his truck, wounding Cuba.

Giddens then went home, sent his girlfriend and their son to the Kauai Police Station, where he felt they would be safe, and began stalking his neighborhood with the loaded shotgun.

He spotted Colan Fernandes, whom he had previously accused of videotaping his family, and killed him in Fernandes' carport. Giddens then spotted another neighbor, who he believed was part of the conspiracy, hiding behind a car and fired at him but missed.

He allowed another neighbor to escape unharmed and did not shoot at a car full of strangers that drove down the street.

Ultimately, Giddens called police and offered to surrender himself.

Giddens' attorney, James Itamura, centered his defense on the issue of sanity. Giddens believed the people he shot at were conspiring to harm his girlfriend and their child.

Prosecutor Michael Soong attempted to show Giddens' delusions were the result of methamphetamine use. A person who commits a crime while under the influence of a drug cannot claim insanity under Hawaii law.

Nakea's verdict did not address whether Giddens' delusions were the result of drugs or not.

Four of the five doctors who examined Giddens said his drug use intensified or contributed to his delusions, but they disagreed whether drugs were responsible for his psychotic behavior.

Nakea said the bottom line was that on the day of the shootings Giddens had "the ability to control his actions."

The judge noted Giddens chose not to shoot at one man whom Giddens did not believe was part of the conspiracy against him. He also noted Giddens was able to call the police and calmly negotiate a surrender with them.