Mayor: Murder shocked entire island

LIHU‘E — As police detectives continue their investigation and attorneys prepare for court hearings, island residents are seeking more information about the brash murder that left one Kapa‘a resident dead a week before Christmas in Anahola.

County officials are not revealing much at this time due to the sensitive nature of the case. This means community members will likely have to wait for answers to many of their questions.

“Our entire community has been shocked by this terrible crime, and I have complete confidence in our law enforcement personnel to bring the guilty parties to justice,” Mayor Bernard Carvalho Jr. said in a statement Wednesday.

Arguably the most shocking fact about the crime was that it happened at approximately 11 a.m. in the middle of Mana‘i Road, a couple hundred yards from Anahola Beach Park where children and families were enjoying a sunny Friday morning.

As the investigation and court proceedings advance, the pieces of this tragic puzzle hardly fit together.

The Kaua‘i Police Department said it is unable to comment further at this juncture due to it being an ongoing investigation. The administration has released minimal information — some of it erroneous — also citing possible interference with the investigation.

Anahola resident Vicente Hilario, 24, has been charged with first- and second-degree murder. If convicted of first-degree murder, he will face life in prison without the possibility of parole.

Hilario, who is being held at Kaua‘i Community Correctional Center, appeared in district court on Tuesday for a second preliminary hearing. State forensic pathologist Alvin Omori was also present, but the hearing had to be postponed because Honolulu-based defense attorney Keith Shigetomi mixed up the court dates and was on O‘ahu.

Hilario’s first preliminary hearing was Dec. 22, when one witness testified. Hilario is scheduled to appear in court again Jan. 4 to continue the hearing. Four witnesses are supposed to testify that day. Judge Trudy Senda said the court will wait on Omori to say when he will be available again for a hearing.

The crime

On Dec. 17, Aureo Arick Moore, 34, of Kapa‘a, was reportedly shot three times in his torso. As he laid face down, the shooter then put two more bullets at close range in the back of Moore’s head.

A witness said two shell casings, apparently from a .22 caliber gun, were found next to Moore’s head. County officials have not confirmed if the weapon used in the shooting was a .22 caliber handgun or even if police have obtained the murder weapon.

Shortly after hearing the shots, county lifeguards saw two people running toward the grass fields south of Mana‘i Road. But the lifeguards said they were unable to identify them because of a distance of roughly 300 yards from the lifeguard station and bushes that partially blocked their sight.

The police responded quickly and did a massive man-hunt, which involved the aerial aid of a helicopter and temporarily closing down a large portion of Mana‘i and Kukuihale roads.

A few hours after the murder, at 3:35 p.m. county spokeswoman Mary Daubert said in a press release that an adult male was transported to Wilcox Memorial Hospital in critical condition after being shot multiple times. He was pronounced dead shortly after his arrival.

4 charged with murder in 5 days?

In the same release, which stated the injured man had died, Daubert said police apprehended two male suspects, who were being held at the police cellblock pending charges of attempted murder.

Daubert also set the crime time at 11:56 a.m., approximately 15 minutes after the ambulance had left Anahola heading toward the hospital with the victim. Less than 20 minutes later, Daubert sent a correction, stating the crime occurred at 10:56 a.m., and that if charges were to be brought up, they would be for murder.

On the next day, Dec. 18, Daubert sent a press release naming the victim and stating that no one had been charged in the case. The release came in at 3:56 p.m.

The police arrest log shows a different record.

On Dec. 17, at 11:30 p.m., David Kawaihalau-Manaku, 25, of Anahola, was charged with second-degree murder and second-degree criminal trespassing. The bail for the murder charge was set at $100,000, and the one for the trespassing was set at $50.

Forty-five minutes later, Kawaihalau-Manaku was charged with criminal contempt of court. His bail was set at $2,000.

Regarding the murder charges, Kawaihalau-Manaku was released pending investigation. As of Wednesday, Kawaihalau-Manaku was listed as a witness in the case.

On Dec. 18, at 12:45 a.m., Hilario was charged with second-degree murder. His bail was set at $100,000.

On Dec. 19, Carrie Ann Robson, 39, of Kilauea, was arrested and charged at 11:30 p.m. with second-degree attempted murder. Her bail was set at $100,000.

On Dec. 20, at 6:31 p.m., Daubert sent another press release, stating that KPD had identified one of two suspects in connection with the shooting in Anahola.

“Vicente ‘Vinnie’ Hilario, age 24 of Anahola, was arraigned today in District Court and charged with first degree murder,” the Dec. 20 release states.

Daubert said “the identity of the second suspect had not yet been released as the case is still pending.”

This press release came in more than 60 hours after Hilario and Kawaihalau-Manaku had been charged with second-degree murder.

The county never issued a news release stating that Robson had been arrested and charged with attempted second-degree murder.

KPD and the administration did not respond to repeated requests for clarification on whether Robson’s charge had any relationship to the Anahola crime.

Two officers at the Kaua‘i Community Correctional Center confirmed on Wednesday that Robson was detained there.

“All I can tell you is she’s here,” one of the officers said.

On Wednesday, Prosecuting Attorney Shaylene Iseri-Carvalho said Robson appeared in court for a preliminary hearing on Dec. 27. The alleged victim was there too, and testified. Robson is scheduled to appear in court again at 1 p.m., Jan. 3, to continue the preliminary hearing.

In the midst of such a cloud of locked-up information, Daubert sent a press release on Dec. 18 stating that “in response to rumors, the Kaua‘i Police Department have adamantly denied that there is a connection between the Anahola shooting and the attempted murder that occurred in Kapa‘a on Wednesday.”

But Daubert was referring to Kehaunani Kauo, who on Dec. 15 was arrested and charged with attempted murder for allegedly trying to run over Robert Villaros, her boyfriend.

The county’s omission regarding Robson’s charge or a possible relationship with the Anahola crime has fueled rumors, but Iseri-Carvalho said there is no connection between the cases.

Court records obtained on Wednesday show that Robson is being charged with attempted murder for allegedly attacking a homeless man with a machete and trying to run him over with her pick-up truck. The man reportedly suffered a broken wrist.

From suspect to witness

On Dec. 22, Hilario and Kawaihalau-Manaku were in court, but stood on two different sides.

Hilario came in for a preliminary hearing. He entered the courtroom through a side door, shackled and wearing KCCC orange garments.

Kawaihalau-Manaku came to the courtroom through the front door, wearing casual clothes. Senda called his name as a witness.

Kawaihalau-Manaku ended up going home without testifying that day — along with three other witnesses — because earlier court proceedings took longer than expected. The only witness to testify that day was one of the county lifeguards.

Ocean Safety Officer Kai Wedemeyer revealed gruesome details, as he was the first person to arrive at where Moore had been shot. Moore’s head was still smoking, and Wedemeyer said he could smell burnt hair and hot flesh. He said his primary concern was the victim, and was unable to identify the suspect.

At one point defense attorney Keith Shigetomi rested his hand on Hilario’s shoulder and asked Wedemeyer if Hilario was at the crime scene. Wedemeyer, who once sat in the same classroom as Hilario when they were in elementary school together, said Hilario was not at the crime scene.

The next hearing is scheduled to start at 8 a.m., Jan. 4. The remaining four witnesses, including Kawaihalau-Manaku, two police officers and another county lifeguard, have been summoned to testify.

Brick wall

Repeated attempts to obtain more information from the county or KPD about the case have been unsuccessful.

On Dec. 21, Daubert said KPD was unable to provide any further details on the Anahola shooting because it might compromise the investigation.

“From this point on, information on this case will need to be requested from the prosecutor’s office,” she said.

On Dec. 23, county spokeswoman Sarah Blane said she forwarded an e-mail from The Garden Island to KPD, asking if Robson was still in police custody and if there was any connection between her case and Moore’s murder.

On Dec. 27, more than a week after Robson was charged with second-degree murder, Blane said she sent another message to KPD asking for a follow-up since KPD had not responded yet.

Jake Delaplane, a county deputy prosecuting attorney, said there were few people in the courtroom when Robson was brought before the judge for the preliminary hearing Monday.

An e-mail sent Monday to the Office of the Prosecuting Attorney and to Police Chief Darryl Perry prompted quick responses, but neither answered specific questions about the investigation.

Iseri-Carvalho said KPD and OPA have been working “extremely hard” on trying to do their part in keeping the community safe, adding that “this priority must take precedence over everything else.”

She said in the past there have been numerous occasions when witnesses’ safety has been compromised and investigations have been tainted due to premature release of information.

“Under Rule 3.6 of the Hawai‘i Rules of Professional Conduct that governs the actions of attorneys, the OPA, as a participant in the litigation of this matter, is prohibited from making extrajudicial statements to the media, if the statements will have a substantial likelihood of materially prejudicing the matter,” Iseri-Carvalho said.

The information on the case, published via county press releases and The Garden Island newspaper, compounded by inaccuracies, have negatively affected investigations, she said.

“We need to remember that lives are at risk,” Iseri-Carvalho said.

The prosecution is required to prove this case beyond a reasonable doubt, she said. OPA had to put together a case for a preliminary hearing within 48 hours of the arraignment.

“Imagine the difficulty in trying to solve a case with over 30 witnesses in a 48 hour period,” said Iseri-Carvalho, adding that OPA has spent countless hours on the case and time spent explaining KPD actions means less time spent in obtaining evidence to show guilt beyond a reasonable doubt.

“Time is of the essence,” she said.

Public perception

The police chief said he can assure residents that KPD has no intentions to delay, impede or give out misinformation. The department, he said, works collaboratively with OPA, and together they provide as much factual information to their communications team as possible while the event evolves.

“However … situations and the dynamics of the investigation can change in a matter of minutes as new information is received,” Perry said. “If there is even a hint that the investigation may be compromised, that information shall be withheld on my authority.”

Perry said he has in the past expressed his feelings about having a media liaison assigned permanently to KPD, but has been unsuccessful so far. He said KPD will do everything in its power to put information out timely and accurately.

“But please remember that our limited resources will be primarily allocated/focused on the investigation at hand,” said Perry.

Admittedly, he said KPD could have done a better job in the information that has been disseminated to the public to date. But Perry asked the community to consider that patrol, detectives, and OPA worked in excess of 48 hours straight without rest to piece everything together. 

“The public’s perception is that once the alleged perpetrator is arrested and charged the investigation is over,” he said. “Nothing could be further from the truth; in reality the detailed and painstaking work is just beginning.

“It would be irresponsible and reckless not to respond as we did in solving this murder,” Perry said. “Unfortunately, and as a result, we are at times unable to meet the expectations of other organizations, both public and private, who request our immediate attention.”

Police Commission Chair Charles Iona said that based on the county statements he has been reading, KPD has been “pretty much in line” with the department’s policy regarding release of information.

“They’re doing everything by the numbers,” said Iona, a retired Maui County police officer.

Speaking as a private citizen, Iona said he has confidence the crime will be solved.

KPD Assistant Chief Roy Asher, who heads the Investigative Services Bureau, said sometimes what is perceived as the public’s right to know clashes with law enforcement’s need for confidentiality in the pursuit of justice.

“I’m sure we agree that there exists a fine line between the two,” Asher said. “If our line is crossed or compromised we’ll likely never get a second opportunity.”

Crossed paths

Over the past four years Hilario had been arrested at least 10 times and Moore had been arrested at least twice. Their paths crossed a few months ago in Kapa‘a.

Hilario was arrested Aug. 25 in connection with an armed robbery in broad daylight in the Safeway parking lot at Waipouli.

Moore was allegedly robbed of $900 in cash, plus over 150 tablets of oxycodone and over 50 tablets of morphine. Both are controlled substances.

Hilario, together with Akoni Davis, 21, of Hanama‘ulu, and Kyle Akau, 24, of Anahola, were all charged with first-degree robbery.

The crime involved a .22 caliber handgun, reportedly the same caliber as the weapon used to kill Moore. Akau allegedly fired at least one shot during the robbery.

Akau’s and Hilario’s bails were each set at $100,000. Davis’ bail was set at $20,000.

Hilario’s and Davis’ charges were dismissed without prejudice, which means the charges could be brought up at a later time.

KPD records show that Akau had been charged on Dec. 21, at 10:30 a.m. for criminal contempt of court and revocation of modified probation. His bail was set at $1,500 and $1,000 respectively.

On Dec. 22, Akau was in court, shackled and wearing orange KCCC garments. Akau is scheduled to appear in court again on Jan. 13 for the probation revocation charge and on Jan. 18 for the contempt of court charge.

Witness to a crime

The coconut wireless over the latest murder case on Kaua‘i has inundated blogs and Internet discussion forums with many rumors.

Some have claimed Moore was set up by an unidentified woman. Others allege he was murdered because he was dating Hilario’s mother. There were drug connections spread all over the Internet. Moore was also said to have been killed for being a witness in a court case.

While most of these are purely rumors, the prosecution was able to add the more serious first-degree murder charge because the crime involved the killing of an officer or a witness related to a crime.

Iseri-Carvalho said the prosecution added the first-degree murder because Moore was a witness to a court case pending against Hilario.

Moore had his own problems with the law. He was arrested Feb. 10, 2006, for drunken driving.

Then last November Moore was arrested on drug charges.

Two police mugshots of Moore show a rapid physical decline in health, with blood around the mouth, a skinnier face, sunken eyes and thinning hair.

Circuit court clerks could not confirm if Moore was a witness to a case, but he was to be tried in an upcoming case related to his last arrest.

The court files show that Moore had a jury trial scheduled for Feb. 28. He was indicted Nov. 10 on two counts of promotion of a dangerous drug. Records show that he was out on a $4,000 bail.