Maui to pursue new trial in killing

Advertiser Staff

WAILUKU, Maui — Maui County Prosecutor Davelynn Tengan said yesterday her office will pursue a new trial against Thomas Schillaci, whose 1998 manslaughter conviction was overturned Wednesday by the Hawai'i Supreme Court.

"I'm disappointed that we have to put victims, witnesses and family members through another trial," Tengan said.

Schillaci was charged with second-degree murder in the 1996 shooting death of big-wave surfer William "Billy" Simpson Jr., but was convicted of manslaughter after arguing at trial that he suffered from an extreme mental or medical disturbance at the time of the shooting.

In 2001, the Hawai'i Paroling Authority set a 45-year minimum term for Schillaci, who also was convicted of related charges.

In vacating the guilty verdict, the Supreme Court said it was never made clear to jurors they had to agree unanimously that Schillaci, now 36, was suffering from a mental or medical disturbance when Simpson was shot.

Tengan said jury instructions are an evolving and complex area of the law. "It's a constant challenge to figure out what to say," she said.

She said that prosecutors would again pursue a second-degree murder conviction.

Simpson, 40, had gone to the Olinda home Schillaci shared with his girlfriend, Carmenita Lista, to confront the couple about rent money. Lista testified that Simpson grabbed her by the neck and was holding a knife to her back when Schillaci shot him twice.