LIHUE » Payton Rapozo shot his mother's boyfriend, who had threatened Rapozo's mother and sisters with a shotgun, witnesses told police.

At yesterday's preliminary hearing, District Judge Joseph Kobayashi found there was enough evidence to send Rapozo's case - murder and firearm charges - to Circuit Court. He will be arraigned Oct. 30.

After his arrest at the Kawaihau Road residence, just minutes after the Sunday afternoon shooting, Rapozo told Kauai police Officer Anthony Morita that he shot Torres, 43, because he thought Torres was going to kill him.

“;We're not dealing with an angel here,”; Rapozo's lawyer, Nelson Goo, said after court yesterday. “;There's a case of self-defense.”;

Rapozo showed up at the Kapaa home to scare Torres into leaving his family members alone, Rapozo's girlfriend told Morita. But after an argument ensued, Morita testified, Rapozo said he went back to his car to get his gun while Torres rummaged around his own truck.

A loaded shotgun was found in the back seat of Torres' truck, and the doors were open when police arrived, according to an investigator's report read in court by Goo.

Witnesses also told police that during the argument, Torres was threatening to kill Rapozo and his whole family while he went into his truck, according to the report.

The report also said witnesses heard three to five shots and that the gun was fired until it was empty.

Rapozo was subdued by his brother, Morita testified, and held there until police arrived. Torres was dead before medics and police arrived, according to testimony at the hearing.

Rapozo's probation officer also testified at the hearing yesterday, saying Rapozo has more than four years remaining on his probation, which includes a provision keeping him from carrying a firearm.

Rapozo received a year in jail for assaulting and threatening a Kauai police officer last year, when he threw gasoline and tried to set fire to the officer, who responded to a domestic dispute between the 23-year-old and his girlfriend.