Sailor must face murder trial
By Ken Kobayashi
Advertiser Courts Writer
A Pearl Harbor sailor charged with murdering his neighbor who allegedly uttered a racial slur was ordered to face trial yesterday despite a defense attorney's argument that evidence doesn't support the charge.
Deputy Public Defender William Bento told Honolulu District Judge Clarence Pacarro that the prosecution failed to produce any evidence that Kendall Edmonds intended to kill Michael Gillum or knew he would kill him during a fight in the hallway of their Pearl City apartment complex at about 2:30 a.m Monday.
But city Deputy Prosecutor DeAnn Afualo argued that a key factor is that Edmonds straddled Gillum as he lay face-down on the floor and continued beating him. She said the case should go to trial for a jury to decide the issue of whether Edmonds should be convicted of murder.
Pacarro agreed and confirmed the bail of $100,000 for Edmonds, who remains in custody.
Edmonds, 22, from Bessamer, Ala., wore a long-sleeved T-shirt and sweat pants, but visibly shivered as he sat at the defense counsel's table. He's accused of killing his 46-year-old neighbor who had complained about loud noises from Edmonds' bedroom.
Police did not find any witnesses to the fight, but homicide detective Larry Tamashiro testified that Edmonds gave a taped statement to police saying he heard banging on his wall and then heard his door being kicked. When Edmonds went into the hallway, he got into a confrontation with Gillum, who swore and complained that Edmonds had "no respect for locals," Tamashiro testified.
Edmonds told police Gillum also made a racial slur, the detective said.
When Edmonds, who is black, asked what he said, Gillum repeated the slur and swung, but Edmonds ducked, Tamashiro said. Edmonds then hit Gillum in the face and Gillum staggered backwards, hit a wall and fell, the detective testified.
Edmonds said he straddled his neighbor and punched him with both fists five or six times, although Gillum was not fighting back, Tamashiro testified.
The detective testified Edmonds did not say he intended to kill his neighbor or knew that Gillum would die.
William Goodhue, first deputy city medical examiner, testified that Gillum died from "assaultive blunt force" injuries to his head and neck and would have died even if he had received immediate medical treatment.
Goodhue also testified that preliminary screening tests showed that Gillum did not have any illegal drugs in his system, but his blood alcohol content was 0.081. That level is slightly above the legal limit of 0.08 for driving a car.
The defense attorney unsuccessfully lobbied for reduced bail. Edmonds has no criminal record and is in the Navy.
Gillum had a criminal record that shows he pleaded guilty to terroristic threatening charges in 1995, completed an anger management course and served five years probation.
Edmonds will be arraigned in Circuit Court on Aug. 26.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
