Howard I. Giddens knew what he was doing when he shot and killed his next-door-neighbor in Hanama’ulu 18 months ago. That was the ruling of Fifth Circuit Court Judge Clifford Nakea Friday afternoon. Nakea found Giddens, 28, guilty of attempted
Howard I. Giddens knew what he was doing when he shot and killed his next-door-neighbor in Hanama’ulu 18 months ago.
That was the ruling of Fifth Circuit Court Judge Clifford Nakea Friday afternoon.
Nakea found Giddens, 28, guilty of attempted first-degree murder in the shooting of Nelson Cuba at Hanamaulu Beach Park, a few minutes before he shot and killed his neighbor Colan Fernandes, 42.
Nakea also found Giddens guilty of second-degree murder in connection with Fernandes’ death.
Cuba survived, although he still has shotgun pellets in his face from the shooting.
Fernandes was sitting in his garage on the morning of September 18, waiting to go to work, when Giddens, who claimed Fernandes was spying on him, shotgunned the Wilcox Elementary School custodian to death.
Nakea also found Giddens guilty of firearms violations, reckless endangerment and criminal property damage.
Nakea set sentencing for May 30.
Giddens remains in custody at KCCC, where he has been since the shooting 18 months ago.
Giddens’ attorney, public defender James Itamura, based his defense on Giddens long history of mental problems and his off and on methamphetamine use for the past decade.
Giddens was prosecuted by Mike Soong and his chief deputy, Craig De Costa.
Five doctors examined Giddens and split 3 to 2 in the affirmative on whether he was in control of himself at the time of the crime or not.
Nakea noted the medical split of opinion but then quoted from police reports to bolster the multiple guilty verdicts.
“The defendant (Giddens) did knowingly…waive his Miranda rights (before talking to police officers after the shootings). He (told officers) ‘What I did was not right. You know, two wrongs don’t make a right,'” Nakea read.
Nakea noted that Giddens, despite alleged mental problems, displayed the ability “to control his behavior days BEFORE the shooting.”
After Nakea pronounced the guilty verdict, Giddens got into a shouting match with members of his victim’s family.
“You come down to the jail, fat boy, and I’ll (deleted) you up,” Giddens yelled.
As he was leaving the courtroom under a heavy guard, Giddens muttered: “Why they yelling at me? I didn’t do nothing.”
