Kaua'i gunman found guilty

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — Howard Giddens angrily threatened members of one of his victim's families yesterday after a judge rejected his insanity defense and found him guilty on all counts in a shooting rampage Sept. 18, 2000, that left one man dead and another wounded.

"You come to jail. You know where I going be. I ---- you up," Giddens said, addressing at least two men who were members of the family of the late Colan Fernandez.

Fernandez was sitting in his garage waiting for a ride to work when Giddens, then 27, accused him of spying on Giddens' home. Giddens killed Fernandez by firing multiple rounds from a shotgun.

Circuit Judge Clifford Nakea recounted the terror in Hanama'ulu that day, as Giddens, apparently convinced that people were watching him and out to kill him, sent his family away and began firing at people, houses, dogs and cars.

Giddens told police later that he did not know either of his victims, Fernandez and Nelson Cuba, who suffered wounds from shotgun pellets.

Nakea cited psychologists' reports that Giddens' mental state was agitated from the use of drugs — primarily crystal methamphetamine. He also admitted using marijuana and cocaine. But voluntary use of drugs that alter mental processes is not a defense for criminal behavior, Nakea said.

Furthermore, there was evidence Giddens knew what he was doing was wrong, and was able to control himself, the judge said.

He found Giddens guilty of first- degree attempted murder, second-degree murder, second-degree attempted murder, keeping a firearm in an improper place, reckless endangering and criminal property damage.

Sentencing is scheduled May 30, but the judge has little leeway — there is a mandatory sentence of life without possibility of parole for the first-degree attempted murder conviction.