Prosecutors rest in 2015 standoff case

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KEALAKEKUA — Prosecutors on Wednesday finished presenting their case against the North Kohala man accused of shooting his girlfriend and a police officer during a 2015 standoff in Kapaau.

Hawaii Police Department Officer Ray Fukada, who suffered a gunshot wound allegedly fired by Macdon Thromman into his right forearm during the July 13-14, 2015, incident was the last to take the stand. Fukada was one of the first officers on the scene on July 13, arriving with Officer Dale Ku around 8 p.m.

When they pulled up, Ann Coito, the mother of Thromman’s girlfriend, Heather Coito, came to the vehicle, very upset, telling them “you gotta get in there, he shooting gun, he shooting gun,” Fukada testified. He said he drew his weapon and along with Ku got about 20 feet into the yard when he saw Ann Coito’s husband, Timothy Coito, holding a crying child in the carport before seeing a man standing on a porch.

“At that time it appeared he was leaning over and pointing what appeared to be a rifle in our direction. I drew my weapon, put it up, identified myself; police, police, drop the gun, drop the gun,” he said. “The person replied by saying ‘get off the property, get out of here, get off the (expletive) property.’”

Fukada said he then moved to the right, saw a muzzle flash and heard a “loud, thundering, like a boom, which sounded like a gunshot.”

“Then there’s a slight twitch in my arm and instantaneously severe burning in my right forearm. I looked down and I could see blood dripping down my arm, at that time I could only see a small, little wound,” he said. Neither officer fired a shot at the time.

Both officers then backed off, returned to their vehicles, where Fukada said Ku field-dressed his injuries. Fukada remained on scene, keeping post with his department-approved AR-15 until he was relieved and taken to North Hawaii Community Hospital. Today, he said, he still suffers pain to his forearm.

Prosecutors also called two detectives to the stand, one of whom testified about processing Fukada’s duty belt and the other about his interview with the victim, who suffered a gunshot wound to her right thigh. Sgt. Paul Kim, who deployed pepper spray-like canisters into the home, also testified Wednesday about a shot allegedly fired that stuck the county’s armored vehicle.

Coito also took the stand, her second time during the trial, as prosecutor’s worked to enter into evidence statements from her initial interview with detectives that she said Wednesday she was unable to remember saying but didn’t deny that she did.

After the state rested its case, Thromman’s attorney, Terri Fujioka-Lilley moved to have a handful of the charges filed against her client dismissed, as well as having her client acquitted of one charge of terroristic threatening and failure to have acquired a permit for a firearm as the state did not present evidence. Judge Ronald Ibarra granted the motion of acquittal for the terroristic threatening charge after the state did not oppose.

Thromman now faces three counts first-degree attempted murder, two counts second-degree attempted murder, nine counts first-degree terrorist threatening, two counts second-degree assault and one count each of abuse of a family or household member younger than age 14, kidnapping, first-degree assault, second-degree reckless endangering, failure to have a permit to acquire a firearm and failure to register a firearm within five days.

The defense opened its case Wednesday, bringing two witnesses to the stand, including Heather Coito’s uncle, Frank Coito, who testified about hearing his niece yelling for help, going to the house and being told by Thromman to leave, the arrival of Fukada and Ku, and subsequent shooting. Last to take the stand was Clement Kanehailua, who testified about his contact with Thromman during the incident and being asked by police to assist in the negotiation effort by talking to his nephew.

The trial continues today with the defense expected to bring two more witnesses to the stand. Thromman had yet to decide Wednesday if he would evoke his constitutional right to testify or to remain silent.