Charges filed in South Kona shooting

KAILUA-KONA — A Honaunau man has been charged with murder in connection with a Saturday shooting on Painted Church Road in South Kona that left one dead and two injured.

Charges were filed against 49-year-old Brian Lee Smith Tuesday morning. He is facing charges of second-degree murder, second-degree attempted murder, first-degree attempted murder, two counts of ownership or possession (firearm) prohibited and two counts of carrying or use of firearm in the commission of a separate felony.

Responding to a call of a shooting incident on Painted Church Road in Honaunau just before 3 p.m. Saturday, Hawaii Police Department officers confirmed one person dead at the scene. He was later positively identified as 42-year-old Thomas Ballesteros Jr., of no permanent address.

It was also determined that two other men were injured, including the possible suspect, later identified as Smith. Both men had left the scene before officer’s arrival and were later located and taken to Kona Community Hospital for treatment of non-life-threatening gunshot injuries. They were later flown to The Queen’s Medical Center on Oahu for further treatment.

Hawaii Police Maj. Robert Wagner confirmed Smith was living in the area of Painted Church Road with a woman at the time of the incident. It has not yet been released how the three men came into contact with each other in the first place and what prompted the shooting.

The Hawaii Police Department reported Monday that Smith was taken into custody by the Honolulu Police Department Criminal Investigation Division just after 6 p.m. on Sunday. He remains hospitalized in Honolulu and upon release will be returned to Hawaii Island for his initial court appearance. He is currently in police custody; bail is set at $1.15 million.

Wagner said Smith might be released within the next few days. But that depends on how his treatment goes.

The other man remains hospitalized on Oahu.

Smith has no history of violent crimes, according to court documents. Those show that the last charges the 49-year-old faced were traffic-related misdemeanors in 2010. He now faces several felony charges.

If convicted on the murder or attempted murder charges, Smith could face lifetime in prison without the possibility of parole.

An autopsy will be conducted today to determine the exact cause of death of Ballesteros.

Detectives with the Area II Criminal Investigation Section are continuing the investigation. The possible motive that lead to the confrontation remains under investigation; however, police believe that Smith and Ballesteros were acquaintances.

Anyone who may have information about this incident is asked to call the department’s nonemergency line at 935-3311 or to contact Detective Carrie Akina at 326-4646, ext. 277, or carrie.akina@hawaiicounty.gov.