Brother of dead Maui man released

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — A 35-year-old California man who was involved in a fight that left his brother dead in Ha'iku Monday turned himself in to police, but he was not charged, police said yesterday.

Maui Police Lt. Glenn Cuomo said an autopsy conducted yesterday on Seward Smythe Jr., 44, found no life-threatening injuries to explain the death linked to the Monday morning confrontation at the man's rural Ha'iku home.

If any charges are filed against James Smythe, it won't happen until after final autopsy results are available in a couple of weeks, Cuomo said. And even then, it's likely going to be the call of the Maui County prosecutor who will have to weigh all of the evidence.

Seward Smythe Jr., one of the top process servers on Maui, apparently had been remodeling a house owned by his family at Akahai Place.

The brothers were locked in a legal dispute over the ownership of the Akahai Place residence. James Smythe filed suit against his brother, claiming ownership, and he was expected to be on Maui for an upcoming court hearing.

Police responded Monday to a 10:23 a.m. call about a fight at the residence. When officers arrived, they found Seward Smythe lying in the carport, and neighbors said they had seen a man beating him.

Cuomo said James Smythe called police Monday night to identify himself as the man who fought with Seward Smythe. Detectives took him to the Wailuku police station for questioning, but he was not charged.

Smythe died either during or shortly following the fight, Cuomo said, but it remains unclear whether any blows in the fight caused his death. No weapon was used, he said.

Wailuku attorney Joy Yanagida said the whole Maui legal profession will miss Smythe because he was the go-to man for serving civil documents, including summons, subpoenas and temporary restraining orders.

"It's a gap we don't know how to fill," she said.

Reach Timothy Hurley at (808) 244-4880 or at thurley@honoluluadvertiser.com.