New trial ordered in big-wave surfer's death

By David Waite
Advertiser Courts Writer

The Hawai'i Supreme Court has ordered a new trial for a Maui man convicted of manslaughter for the 1996 shooting death of a big-wave surfer at an Olinda home.

Thomas Schillaci was charged with second-degree murder in the death of William Simpson Jr., but was convicted of manslaughter in 1998 after arguing at trial that he suffered from an extreme mental or medical disturbance at the time of the shooting.

The Supreme Court yesterday vacated the manslaughter verdict, saying it was never made clear to jury members they had to agree unanimously that Schillaci was suffering from a mental or medical disturbance when Simpson was shot.

Simpson had gone to the home Schillaci shared with his girlfriend, Carmenita Lista, to confront the couple about rent money.

Lista testified at the trial that Simpson grabbed her by the neck and was holding a knife to her back when Schillaci shot him twice.

Lista then drove from the home in a truck, while Schillaci left in the car that Simpson had driven. Schillaci later abandoned the car and got in the truck with Lista.

Lista was apprehended by police, who had set up a barricade. Schillaci, who had jumped from the truck, was found three day's later at a friend's house.

In October 2001, the Hawaii Paroling Authority concluded that Schillaci should serve at least 45 years in prison for the manslaughter and related convictions before being eligible for parole.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.