Charges in standoff case moves forward

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KEALAKEKUA — Attempts to bring Macdon Donny Thromman to trial on charges he shot his girlfriend, an officer and was in an extensive standoff with police in Kapaau were sorted out during court hearings Friday — to a degree.

After nearly an hour of court time, the result was two court dates covering different parts of the events on July 14, 2015.

One trial date is set for Oct. 11 and covers two counts of first-degree attempted murder, second-degree reckless endangerment and three firearms violation. That is what remains of the initial indictment.

The other trial date is Jan. 17 and covers three counts of attempted second-degree murder, one count of first-degree murder, 12 counts of first-degree terroristic threatening, one count of felony family abuse, kidnapping, second-degree endangering the welfare of a minor, two counts second-degree assault and one count of first-degree assault.

This split comes in part by the prosecution’s attempt to resolve issues raised by the defense. The defense had raised concerns Thursday regarding the original indictment, which is the one now scheduled for Oct. 11

The newer indictment deals with the same behavior, said deputy prosecuting attorney Kauanoe Jackson. However, the language corrects some of the problems raised by the defense.

“The question is what indictment is the defense preparing for trial,” Third Circuit Chief Judge Ronald Ibarra said.

But that resolution will take time, and Thromman has spent more than a year in prison. His current attorney, Terri Fujioka-Lilley, was assigned to the case in June.

She faces extensive evidence, some of which she finds insufficient. One example was the 16 to 20 hours of negotiation between Thromman and police, which is completely absent, she said.

This leaves the two trial dates on the same actions, which Fujioka-Lilley said raises concerns about Constitutional rights.

In her argument, Jackson said the intent was to have the two merged for trial.

“Prior to all of these motions, previously the defense asked for a continuance,” she said.