StarBulletin.com

Maui man guilty in shooting at residence


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POSTED: Wednesday, November 19, 2008

WAILUKU » A Maui man who shot more than 50 rounds of ammunition following a dispute at a Kula residence was found guilty of second-degree assault and using a firearm in the commission of a felony.

Mark A. Martins, 55, who told police he wasn't trying to kill anyone, was acquitted of first-degree attempted murder and second-degree attempted murder in the May 2, 2007, shooting.

His sentencing has been tentatively set for Jan. 12 before Judge Joseph Cardoza.

Using a firearm in the commission of a felony carries the penalty of up to 20 years in prison.

A Maui Circuit Court jury also found Martins guilty of a number of other charges Monday, including first-degree terroristic threatening; first-degree reckless endangering; first-degree criminal property damage; being a felon in possession of a firearm and ammunition; and two counts of possessing a prohibited high-capacity pistol magazine.

Martins lived in a one-bedroom apartment on the property, where a group was having a party grilling steaks and drinking beer at the top of the driveway.

Martins asked for a van and a car to be moved so he could reverse his pickup truck out of the driveway. One of the men moved the car but another, Francis “;Randy”; Randall, the son of the landlord, refused to move the van, saying there was enough room for Martins to maneuver out of the driveway.

Martins started shooting.

Randall, 45, received a bullet wound to the left elbow and was grazed in the left shoulder and inner right thigh.

Defense attorney Don Wilkerson said Martins was angry because of the way Randall treated him but did not intend to hurt anyone. Martins argued that he was aiming at Randall's van and the injuries were accidental.

Randall testified, “;He was saying something to me but I was in shock that he was standing there pointing a gun right at me. I was saying to myself, 'He really doesn't have a gun in his hand pointing at me, does he?' I was in disbelief.”;