State v. Meyers
| Decision Date | 17 August 2006 |
| Docket Number | Nos. 26574, 26580, 26586.,s. 26574, 26580, 26586. |
| Citation | 145 P.3d 821 |
| Parties | STATE of Hawai`i, Plaintiff-Appellee, v. Guy K. MEYERS, Defendant-Appellant, and Manuel Kupahu, aka Manuel Kupahu, Jr.; Robert Kuhio Kupahu; Gavin A.H. Kalai, aka Hano Kalai, Defendants and State of Hawai`i, Plaintiff-Appellee, v. Robert Kuhio Kupahu, Defendant-Appellant and Manuel Kupahu, aka Manuel Kupahu, Jr., Guy K. Meyers, and Gavin A.H. Kalai, aka Hano Kalai, Defendants and State of Hawai`i, Plaintiff-Appellee, v. Manuel Kupahu, aka Manuel Kupahu, Jr., Defendant-Appellant, and Robert Kuhio Kupahu, Gavin A.H. Kalai, aka Hano Kalai, and Guy K. Meyers, Defendants. |
| Court | Hawaii Court of Appeals |
Michael J. Park, on the briefs, for Defendant-Appellant, Guy K. Meyers.
Mark Yuen, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.
Cynthia A. Kagiwada, on the briefs, for Defendant-Appellant, Robert Kuhio Kupahu.
Stephen K. Tsushima, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.
Jeffrey A. Hawk (Hawk, Sing & Ignacio), on the briefs, for Defendant-Appellant, Manuel Kupahu, aka Manuel Kupahu, Jr.
In these consolidated appeals,1 Defendants-Appellants Manuel Kupahu, also known as Manuel Kupahu, Jr. (Manuel), Robert Kuhio Kupahu (Robert), and Guy K. Meyers (Meyers) appeal from their respective Judgments filed on May 12, 2004, in the Circuit Court of the First Circuit (circuit court).2 Manuel is Robert's father and Meyers's neighbor. Manuel, Robert, and Meyers, along with Gavin A.H. Kalai (Kalai), were indicted and charged in Count 1 with Assault in the First Degree (Assault 1) and in Count 2 with Assault in the Second Degree (Assault 2). Manuel was charged alone in Count 3 with Cruelty to Animals.
The circuit court granted the motion of the State of Hawai`i (the State) to nolle prosequi Count 2, without prejudice. Kalai pleaded no contest to the Assault 1 charge, and Manuel, Robert, and Meyers proceeded to trial. The jury found Manuel and Robert guilty as charged of Assault 1, in violation of Hawaii Revised Statutes (HRS) § 707-710 (1993),3 and Meyers guilty of the included offense of Attempted Assault 1, in violation of HRS § 705-500 (1993).4 The jury also found Manuel guilty as charged of Cruelty to Animals, in violation of HRS § 711-1109(1)(a) (Supp. 2005).5 Manuel was sentenced to five years' probation on his Assault 1 conviction, subject to a special condition that he serve a one-year term of imprisonment, and to six months' imprisonment on his Cruelty to Animals conviction, with the terms of imprisonment to be served concurrently.6 Robert was sentenced to ten years' imprisonment to be served concurrently with the sentence imposed in a federal case. Meyers was sentenced to ten years' imprisonment and Kalai was sentenced to five years' probation to be served concurrently with Kalai's sentence in another state case.
On appeal, Manuel, Robert, and Meyers (collectively referred to as "the Defendants") argue that: 1) the circuit court erred in denying their motions for judgment of acquittal on the Assault 1 charge; and 2) the circuit court committed plain error in permitting a doctor to testify about potential complications arising from the injuries suffered by the complaining witness (CW). In addition, Robert argues that his trial counsel provided ineffective assistance in failing to object to the doctor's testimony about the potential complications arising from the CW's injuries. Meyers separately argues that: 1) there was insufficient evidence to support his Attempted Assault 1 conviction; and 2) the circuit court erred in instructing the jury on the included offense of Attempted Assault 1. We affirm the Judgment as to each of the Defendants.7
The charges against the Defendants arise out of events occurring at Waimanalo Beach Park on March 30, 2003. A college professor named Eric was walking his dog on the beach. A small mixed pit bull dog approached Eric's dog, sat down, and started wagging its tail. From a distance of about 30 yards, Manuel screamed for the pit bull to come. The pit bull obeyed and went to Manuel. Eric testified that Manuel seemed angry. Manuel yelled at the pit bull and, holding the dog by its rope collar, hit the dog in the face. Manuel then walked knee-deep into the water, held the pit bull under water, brought it out of the water, and hit it again. Manuel returned to the beach where he picked the pit bull up by its hind legs and swung the dog over his head. The pit bull landed head first on the sand and went limp. It appeared to Eric that the dog's neck had been broken. Eric looked on in shock. He heard others on the beach saying that the police should be called immediately.
The CW and his wife were at Waimanalo Beach Park to watch their son and daughter participate in an outrigger canoe race. The CW, who was 51 at the time of the trial, testified that he saw Manuel in knee-deep water "savagely beating and choking and drowning his dog." The CW saw Manuel raise the dog in the air by its collar, punch the dog in the face, then shove the dog's head underwater and hold it there for a long period of time. Manuel engaged in this conduct repeatedly. The CW heard people say "my God, somebody do something." The CW tried to call 911 on his cellular phone but was unable to maintain a connection. The CW approached Manuel and asked Manuel to please stop hurting the dog and to leave it alone. Manuel responded that the dog was his and that he could do whatever he wanted to it. Manuel also told the CW, "[G]et the fuck out of . . . here, you Goddamn haole,8 get off my fucking beach."
The CW told Manuel that the CW would take care of the dog if Manuel did not want it. Manuel dragged the limp dog toward the CW, got up in the CW's face, swore at the CW, and then shoved the CW twice. The CW grabbed Manuel and they wrestled to the ground. The CW was attempting to restrain Manuel so that the dog could get away. The CW stopped wrestling with Manuel when the CW heard his wife say, "[O]h my God, the dog is dead." The CW got off Manuel and walked with his wife to the lifeguard stand. Manuel stood up and went in a different direction, dragging the limp body of the dog behind him. The lifeguard advised the CW that he better leave the area, and the CW and his wife headed toward their car in the parking lot.
Around that time, a woman named Shannon saw a group of men that included Robert running on the beach toward her. Shannon heard Robert yell, "Where is that fucking haole, I'm going to kill him" and "[A] fucking haole is going to die on this beach today." Shannon, who was visibly pregnant at the time, told Robert to leave the CW alone. Robert replied, "[F]uck you, cunt." Robert took a few steps toward Shannon but then continued on when someone in his group said to "leave her alone."
As the CW and his wife were approaching their car, the CW saw Manuel, Robert, Meyers, and another man coming toward the CW. Manuel pointed to the CW and told the other men to "get him." The CW testified that Meyers, who was ahead of the others, prevented the CW and his wife from getting into their car. Meyers ran in front of the CW and started swinging at the CW's face. The CW told Meyers that the CW did not want any trouble and used his hands to block Meyers's punches. Fearful that the men in Manuel's group would attack his wife, the CW tried to draw them away from his wife by running back toward the beach. Someone, whom the CW thought was Meyers, tackled the CW from behind. The CW curled up into a defensive "ball" position on the ground because he was overwhelmed by people punching and kicking him.
The CW testified that Robert punched him and, using a running start, kicked him in the left ribs and abdomen. Manuel kicked the CW on the left side and choked the CW. The CW believed that Meyers participated in the beating but could not be certain. A fourth man kicked the CW from the right side. The beating lasted for at least several minutes. While the CW was being beaten, his wife pleaded with the four men, saying "[W]e're sorry, please leave my husband alone, please let him go." Manuel looked at the CW's wife and told her, "[S]hut up, bitch, you're next." When the attack finally ended, Manuel looked down at the CW and told him, "[B]rah, remember this face."
Eric witnessed the attack on the CW. Eric testified that he saw four men punching, kicking, and stomping on the CW. Eric saw Robert, whom Eric described as "extremely muscular," standing over the CW in a widespread stance, looking for the opportunity to punch the CW. If the CW covered his face, Robert would punch the CW in the ribs. If the CW covered his ribs, Robert would punch the CW in the face or head. Eric saw Manuel, Meyers, and another man kicking and stomping on the CW in the chest and head. The CW did not fight back. The four men were angry and were out to beat the CW badly. When they finished beating the CW, the four men "swaggered away." Eric testified that he was "very certain" that Robert, Manuel, and Meyers each participated in the attack on the CW. Several other witnesses called by the State, however, were unable to identify Meyers as one of the men attacking the CW while the CW was on the ground.
After the attack was over, Eric helped the CW who was laying prone on the ground and was bleeding badly from the face. The CW's wife drove the CW to the Castle Hospital emergency room where he was treated by Dr. Vincent Ritson (Dr. Ritson). The CW was struggling to breathe and was concerned that he had internal injuries. The CW had pain in both sides of his ribs and cuts above his eyes. After leaving the hospital, the CW had severe pain and discomfort, making it difficult for him to breathe. In response to...
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