HONOLULU — The state Intermediate Court of Appeals has reversed the conviction of a man sentenced to 20 years in prison for a 2011 shooting at a Mililani park.
The Honolulu Star-Advertiser reports the court cited prosecutorial misconduct for overturning the conviction of 46-year-old Richard Silva III.
Silva has served more than three years of the sentence.
The court says a prosecutor twice misstated Hawaii’s self-defense law and the judge did not strike the comment from the record the second time.
Silva was convicted of wounding two men early July 4, 2011, at Kipapa Park. He claimed self-defense.
Silva’s appeals attorney, Jeffrey Hawk, says if prosecutors don’t appeal, Silva will be retried on charges of reckless endangering, felony assault and using a firearm in the commission of a separate felony.