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The Honolulu Advertiser
Posted on: Tuesday, December 23, 2003

Man not guilty in 2001 New Year's Day killing

By David Waite
Advertiser Courts Writer

A Waipahu man was acquitted yesterday of murder charges for the 2001 New Year's Day killing of a neighbor over a stolen dog pen.

A Circuit Court jury deliberated about five hours Friday and yesterday morning before finding David Torres, 67, not guilty of second-degree murder in the death of Pio Ioane, 40.

The first attempt to prosecute Torres on murder or manslaughter charges ended in a mistrial in September 2002 after the jury deadlocked 11-to-1 in favor of acquitting Torres on the murder charge and 8-to-3 in favor of acquittal on the manslaughter charge, with one undecided.

City Deputy Prosecutor Julian White said that Torres believed Ioane took a dog cage from the back of Torres' pickup truck. Torres told several people he planned to kill Ioane on Christmas Day or New Year's Eve, White said.

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

"It was a clear cut case of self-defense and we're grateful that the jury diligently arrived at the correct verdict," Eddins said.

Torres was found guilty of being a felon in possession of a firearm during his first trial, and could face up to 10 years in prison for that offense.

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