Man takes
responsibility
for death

CORRECTION Friday, October 1, 2004 » Sun Kum Medeiros is the Nuuanu liquor store owner whose husband died following a confrontation with William Albinio. A story on Page A5 yesterday misspelled her first name as Sum. The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at corrections@starbulletin.com.

A Palolo man accused of fatally assaulting the husband of a liquor store owner told police he had stopped by Nuuanu Liquor and Sundries on Sept. 19 to buy a six-pack of beer but was refused because he apparently was intoxicated.

William Albinio: He told police he had been drinking since 9 a.m. the day Medeiros died

William K. Albinio, 38, said he had been drinking since 9 a.m. Sept. 19 and had already had between 12 and 18 beers, Detective James Anderson testified yesterday at a preliminary hearing in Honolulu District Court.

Albinio said he got into an argument with store owner Sum Kum Medeiros, who insisted he leave after refusing his offer to buy something to eat instead, according to Anderson.

As Albinio tried to leave, the store owner's husband, Edwin Medeiros, ushered him out and put his hand on Albinio, upsetting him, Anderson said.

Albinio told police he used both hands to push Edwin Medeiros, who fell backward into some shelves and did not get up. "It looked like he was pretty injured enough where he wasn't going to get up," Anderson said.

Medeiros, 58, died five days later of head injuries due to blunt trauma.

District Judge Lono Lee found there was probable cause that Albinio committed the offense of second-degree murder, and ordered Albinio to stand trial in Circuit Court. He will be arraigned Oct. 11.

According to Anderson, Albinio said that after Medeiros fell, his wife came around the counter and swung a cane at him, but Albinio blocked her.

Albinio, who was arrested Friday, agreed to give police a statement, saying he "wanted to take responsibility for his actions and he was sorry for what happened," Anderson said.

During questioning by deputy public defender Debra Loy, Anderson said Albinio indicated he did not know Medeiros was handicapped because he was wearing long pants. Medeiros' left leg was amputated at the knee.

He also told Anderson that Sum Kum Medeiros was rude to him. Albinio said he was about to leave when Edwin Medeiros "got in his face" and put his hand on him.

Albinio also said he never intended to injure Medeiros or cause him to die, Anderson said.

Loy argued that the facts do not support a second-degree murder charge and that the evidence shows Albinio did not intentionally or knowingly cause Medeiros' death. "This is, at most, reckless manslaughter," she said.

Deputy Prosecutor DeAnn Afualo argued that it is up to a jury to decide Albinio's intent.