Posted on: Saturday, November 27, 2004
Jury hears tape of defendant's version of alleged fight over gun
By Ken Kobayashi
Advertiser Courts Writer
A former investigator with the city medical examiner's office told police that he was wrestling over a gun with a man last year when it went off three times, killing the man with three shots to the left side of his head.
Gregory R. Awana told police that Yorck Woita was incensed about Awana's marijuana-growing operation in a rented Manoa home, pointed a gun at Awana and threatened to kill him.
Awana said he "made a move for the gun," the two wrestled over the .22 Baretta semiautomatic and the gun went off.
Asked by the detectives what he would say to Woita's family, Awana replied that he didn't know.
"I felt like my life was in danger," Awana said. "It was self-defense."
The taped conversation of the interview was played yesterday for the jury in Awana's murder trial in Circuit Judge Steven Alm's courtroom.
Awana, 39, who was working at the medical examiner's office at time of the Aug. 29, 2003, shooting, is charged with murder in the shooting of Woita, 28; as well as theft and the torching of Woita's car, later found burning in Waimanalo; and a count of promoting marijuana.
Awana told police he later borrowed a friend's Boston whaler and dumped the body and the gun in Kane'ohe Bay. Neither has been recovered.
Awana is claiming he acted in self-defense, but city deputy prosecutor Glenn Kim told the jury in the opening of the trial that a firearms expert would say that the gun would need a pull on the trigger for each shot.
Awana gave his statement to detectives Theodore Coons and Larry Tamashiro after he got rid of marijuana from the O'ahu Avenue rental house at the Kapa'a dump and was arrested.
He told detectives he and Woita were supposed to be partners in the marijuana operation, but Awana said he had second thoughts because Woita had "a big mouth."
Awana said he told Woita he was pulling out, but he needed money and continued with the operation with Maui marijuana suppliers.
Awana, a Kailua resident, said he worked days as an investigator, but slept at the Manoa house because he feared that the plants might be stolen.
He was asked how long he had this "secret life."
"It's not so much a secret life," he said. "I have a really bad motion disorder, and marijuana is pretty much the only thing that makes it go away."
Awana also said he didn't make much money off the operation.
He said he made only about $40,000 from the operation for about two years, but gave $25,000 to $30,000 to the Maui men and another $5,000 to $7,000 to one of their friends.
"I mean if you look at my bank account, look at my car, look at the clothes I wear, I don't have anything," he said.
Awana told the officers that he didn't want to take Woita to the Manoa house, but Woita insisted and threatened to harm Awana's wife and daughter if he didn't.
At the house, Woita became more upset and demanded an immediate payment of $10,000, Awana said. Woita went through drawers looking for money and once he saw the plants in a room, he "got really mad," Awana told police.
Awana said Woita must have found Awana's Baretta in one of the drawers and pointed it at him, saying he should kill Awana. Awana turned to run, but Woita told him to stop, Awana said.
"I didn't know what, what the hell to do so I made a move for the gun," Awana said.
He said his hand was around Woita's hand, which held the gun.
"My finger might have slipped in over his," he said.
But Awana said the shooting "wasn't intentional."
Awana also said his wife had "nothing to do with this."
Jody Awana, 35, was charged with hindering efforts to prosecute her husband on the charge of promoting marijuana. She pleaded no contest in February and was granted a chance to have the case dropped if she abides by conditions similar to probation for five years.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030. Correction: A previous version of this story said Jody Awana pleaded no contest to hindering prosecution of her husband on another charge.
