Police say intruder HILO >> The man killed by Big Island papaya grower Delan "Rusty" Perry early Thursday morning was running at Perry and firing a pistol when Perry shot him with a shotgun, police said.
fired gun first
The report says that the Big Island
man's body was found with a
pistol in his handBy Rod Thompson
rthompson@starbulletin.comAn autopsy showed the intruder outside Perry's house was killed by shotgun pellet wounds to the head and chest, police said yesterday.
The intruder was identified as Samuel Soo Kim, 61, a neighbor who lived about a half-mile from Perry and his wife, Jennifer, in the Kapoho area south of Hilo.
Perry, 55, who was arrested Thursday morning, was released without charges about 5 p.m. yesterday. The release followed informal discussions of police with the county prosecutor's office.
Deputy Prosecutor Kevin Hashizaki said police will complete a formal report and submit it to the prosecutor for final disposition.
Some of Perry's friends previously said Perry had suffered slashed tires, gunshots fired on his property, a thousand papaya trees chopped down and other vandalism that went on for months.
A police statement said Perry "had been fearful of intruders on his property."
About 3:30 a.m. Thursday, Perry and his wife were awakened by the sound of breaking glass and their dogs barking, police said. Because of the previous incidents, Perry carried a 12-gauge shotgun as he walked outside.
He heard more sounds of breaking glass and shouted in that direction, police said. He was answered by the sound of a gunshot, and he responded by firing his shotgun in the air, police said.
He expected the shotgun blast to scare the intruder away, but instead found the man running toward him, firing a gun. Perry then fired at the intruder, who fell to the ground, according to police.
Jennifer Perry phoned police.
Arriving officers found Kim's body lying in Perry's driveway.
According to the police, Kim was dressed in dark clothes and had a makeshift ski mask pulled over his face. A .22-caliber pistol registered to Kim was found in his right hand, and a hatchet was found next to his body.
Detectives found batteries connected to an agricultural chilling house had been damaged.
One of Perry's dogs was found killed by a .22-caliber bullet, they said.
County of Hawaii
