LIHU‘E — Guns, illegal drugs and stolen koa wood can be a dangerous mix. After a full week of testimony a jury found a Koloa man guilty on six counts of theft, weapons and drug charges. The stress of four-years
LIHU‘E — Guns, illegal drugs and stolen koa wood can be a dangerous mix. After a full week of testimony a jury found a Koloa man guilty on six counts of theft, weapons and drug charges.
The stress of four-years of continuances and then testimony from 20 witnesses over a five-day trial was perhaps too much for Richard Ernest Louis, 62, who missed Friday for medical reasons. He was also absent for closing arguments Monday when the jury handed Fifth Circuit Chief Judge Randal Valenciano the verdict.
Louis was arraigned on Jan. 3, 2008, for second-degree theft, five counts of firearms violations, second-degree promotion of a dangerous drug, third-degree promotion of a detrimental drug, and illegal use of drug paraphernalia.
The case stems from an incident on July 28, 2007, when an anonymous caller reportedly notified the state Department of Land and Natural Resources that chainsaws could be heard in the evening at Koke‘e State Park. DLNR agents arrived and said Louis and two others were discovered in an area not far from their cabin near a freshly cut koa tree worth approximately $2,000 according to testimony.
A search warrant of his pickup truck led to the discovery of two rifles, ammunition and a shaving kit containing 23 grams of crystal methamphetamine, marijuana, paraphernalia and $3,541 in cash.
County Deputy Prosecuting Attorney John Murphy said to the jury that Louis and the co-defendants were caught red-handed and that the evidence was clear from testimony that Louis was guilty.
Defense attorney Shauna Lee Cahill emphasized that Louis had a nearby cabin, a hunting license and a gun permit. She said the DLNR failed to request finger prints or a DNA analysis of the drugs to show that they did not belong to Louis but perhaps to one of the co-defendants.
Cahill also pointed to four years of problems with the chain of custody of the evidence in the case. She said it has been mishandled with gaps in possession records, presenting lengthy delays in requests for discovery.
The case has been held up in part by attempts to consolidate three co-defendants into one case. As this effort fell apart, Louis refused a plea deal and chose to go to trial. He was found fit to proceed to trial based on a three-panel examination.
The co-defendants have already concluded their cases. Both were called to testify in this trial.
Dominic Warren Vidinha, 40, of Lawa‘i, pleaded guilty in consolidated cases of third-degree theft and unlawful use or possession of drug paraphernalia. He was sentenced to five years probation on Nov. 19, 2009 and is currently in drug court.
Kevin Louis, 36, of Koloa, had a jury trial in February and was found guilty of second-degree theft, and not-guilty of four firearms and two drug charges. He was sentenced in June to five years at Halawa Correctional Center.
Judge Valenciano dismissed a charge of carrying a pistol in the bag with the drugs was dropped after police testimony showed that the weapon was not functional.
Louis could not have his sentencing date set because of his absence in court Monday. He is currently wanted on $350,000 bail.
