Posted on: Saturday, December 4, 2004

Manoa man guilty of murder

By Curtis Lum
Advertiser Staff Writer

A Circuit Court jury deliberated for less than a day before finding a former investigator with the city Medical Examiner's Office guilty of murdering a 28-year-old man in August 2003.

Yorck Woita of Kane'ohe in Awana's Manoa home on Aug. 29, 2003, after an argument over marijuana profits. Deputy Prosecutor Glenn Kim said at trial that Awana shot Woita three times in the head and dumped Woita's body in Kane'ohe Bay.

The body has not been found.

David Gierlach, Awana's lawyer, argued that his client acted in self-defense and it was Woita who aimed a gun at Awana. Gierlach said Woita was shot as the two men struggled for the gun.

But Kim said the jury obviously did not accept Awana's self-defense argument. He said a gun doesn't accidentally go off three times, with all three bullets hitting the victim in the head.

Kim also said Awana's self-defense claim was hurt because Awana disposed of Woita's body and the marijuana, torched Woita's car, and dumped the murder weapon.

"If that body and the gun used to kill the victim were in any way helpful to him in corroborating his self-defense story, why is he getting rid of it all?" Kim said after the verdict. "Why, I think, the fair inference is because it wouldn't be helpful to that self-defense story."

Awana was found guilty of one count of second-degree murder, use of a firearm to commit a felony, criminal property damage, operating a stolen vehicle, commercial promotion of marijuana and the illegal use of drug paraphernalia. He faces a mandatory term of life in prison with the possibility of parole when he is sentenced Feb. 22.

Kim said he was "very pleased with the verdict."

"We're gratified we could bring home the verdict for the victim's family," he said.

Gierlach could not be reached for comment yesterday.

Reach Curtis Lum at 525-8025 or culum@honoluluadvertiser.com.