Posted on: Thursday, September 19, 2002

Mistrial declared in '01 Waipahu killing

By David Waite
Advertiser Courts Writer

A mistrial was declared yesterday in the trial of a Waipahu man accused of the 2001 New Year's Day killing of a neighbor who he believed had stolen a dog pen.

Circuit Judge Michael Town declared the mistrial after jurors told him they could not agree unanimously whether David Torres, 64, was guilty or not guilty of second-degree murder or manslaughter.

After deliberating since Friday, the jury was deadlocked 11-to-1 in favor of acquitting Torres on the murder charge, and 8-to-3 in favor of acquitting Torres on the manslaughter charge, with one juror undecided.

The jury did find Torres guilty of being a felon in possession of a firearm.

City Deputy Prosecutor Julian White maintained during the trial that Torres believed that Pio Ioane, 40, stole the dog cage from his pickup and told several people he planned to kill Ioane either on Christmas Day or New Year's Eve.

But Torres' lawyer, state Deputy Public Defender Todd Eddins, claimed that Torres shot Ioane in self-defense after Ioane began acting as if he had a gun and challenged Torres to get his gun.

Eddins said he was "gravely disappointed" that a mistrial was declared "because it appeared the jury was on the verge of acquitting my client."

White said he will discuss the matter with city Prosecutor Peter Carlisle to determine whether to seek a new trial. "I think the jury did the best they could with the evidence that was there," White said.

Torres, who has been in custody since the shooting because he was unable to post bail, was returned to the O'ahu Community Correctional Center to await sentencing Dec. 2 for the firearms conviction. Eddins said he faces a sentence of probation or 10 years.