Kubo wants new
ruling in ’98 slaying
U.S. Attorney Ed Kubo said he will ask the full panel of the 9th U.S. Circuit Court of Appeals to reconsider its decision to overturn the murder convictions of two men in the 1998 slaying of Army helicopter pilot John Latchum.
The federal appeals court reversed the murder convictions for Bryson Jose and Roberto Miguel on Tuesday, saying defense attorneys should have been allowed to argue their theory that another youth, Donald Calarruda, had fired the fatal shot that killed Latchum.
Jose and Miguel are both serving a life term without parole for the murder.
Keala Leong, who was also charged with murder, pleaded guilty to attempted burglary in exchange for prosecutors dropping the murder charge. He is serving a 10-year term.
The appeals court kept intact Jose and Miguel's related convictions for attempted robbery, attempted burglary and two firearms offenses.
Latchum, 33, was vacationing with his family at a beachside cabin at the Waianae Army Recreation Center when a group of youths attempted to break in.
He was fatally shot when he went outside to chase the group away.
Prosecutors have 30 days to seek a reconsideration.
