The state intends to retry a Waipahu man for second-degree murder after a Circuit Court jury failed to reach a verdict yesterday in a New Year's 2001 slaying. State plans new trial
in 2001 shooting deathBy Debra Barayuga
dbarayuga@starbulletin.comThe jury did, however, convict David Torres, 65, for being a felon in possession of a firearm that he allegedly used to gun down Pio Ioane, 40.
"We feel the jury was on the verge of acquitting Mr. Torres," said Deputy Public Defender Todd Eddins. "It's a grave disappointment that they didn't."
The jury had deliberated for more than four days before declaring they were deadlocked on the murder charge.
Circuit Judge Michael Town declared a mistrial on the second-degree murder charge, leaving it open for the state to retry him.
Torres had claimed he shot Ioane in self-defense when an intoxicated Ioane came after him early New Year's Day, accusing him of calling him a liar and a thief and challenging him to bring out his gun.
Torres had confronted Ioane the night before to confirm rumors that Ioane had stolen Torres' dog cage off his truck. Ioane denied he took the cage.
Deputy Prosecutor Julian White had argued that Torres followed through on plans to shoot Ioane for stealing from him.
Torres was not supposed to own a firearm because of a conviction 20 years ago for possession of marijuana and sexual abuse. But hunting was his passion and he owned a rifle.
Torres will remain in custody until his sentencing Dec. 2. He could be sentenced to a maximum 10-year prison term or probation.