Posted on: Thursday, September 30, 2004
Beating suspect says death accidental
By Ken Kobayashi
Advertiser Courts Writer
A man accused of killing a Nu'uanu store owner last week says he drank 12 to 18 beers that day and shoved the victim after the store refused to sell him a six-pack, according to police testimony yesterday.
Deborah Booker • The Honolulu Advertiser Debra Loy, the deputy public defender representing Albinio, argued that the prosecution had failed to establish that her client had intended to kill or knew he would cause the death of owner Edwin Medeiros. The evidence supports a charge of reckless manslaughter at best, she said.
But city Deputy Prosecutor DeAnn Afualo said the issue of Albinio's intent should be left to the jury, and urged Honolulu District Judge Lono Lee to uphold the charge.
Lee agreed, and ordered Albinio to stand trial for second-degree murder. His arraignment was set for Oct. 11, when he is expected to plead not guilty and get a trial date.
Albinio, 38, whose last known address was in Waikiki, remains in custody on $75,000 bail. According to the Hawai'i Criminal Justice Data Center, he has a criminal history of 23 misdemeanor and petty misdemeanor convictions since 1989.
Advertiser library photo Albinio is accused of causing Medeiros' fatal head injuries by shoving him, causing him to fall backwards and hit his head at about 7 p.m. Sept. 25. Medeiros died four days later.
Anderson testified yesterday that Albinio wanted to make a statement after his arrest and take responsibility for his actions.
The detective said Albinio told him he had been drinking since 7 that Sunday morning and went to the store in the evening to buy a six-pack of beer. Mrs. Medeiros wouldn't sell it to him because he was drunk, and they argued. He said she also refused to sell him anything to eat, the detective testified.
As Albinio was leaving, Mr. Medeiros ushered him out and pushed him toward the door, Anderson said.
"He (Albinio) didn't like that," the detective said.
Albinio said he pushed Mr. Medeiros with both hands, and the owner fell backwards into the shelves, Anderson testified.
The detective testified that Albinio did not know that Mr. Medeiros, who was wearing pants, had lost a leg.
Albinio said Mrs. Medeiros started yelling at him, saying, "Look at what you did to my husband? What are you doing? He's handicapped," Anderson testified.
Albinio said Mrs. Medeiros swung her husband's cane at him, but he blocked the blow, pushed and kicked Mrs. Medeiros to ward her off and left in his car, the detective testified.
As he left the courtroom yesterday, Albinio waved to his father and others in the gallery. The father, also named William Albinio, said in a brief interview they are very sorry for the Medeiroses.
"He didn't mean to hurt anybody," the father said.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
William K. Albinio says he never intended to harm or kill the owner, and he's sorry for what happened, Detective James Anderson testified at Albinio's preliminary hearing.
William Albinio, 38, was ordered yesterday to stand trial for murder in the death of liquor store owner Edwin Medeiros.
Medeiros, 58, a Vietnam veteran who lost his left leg to diabetes, owned Nuuanu Liquor & Sundries at 1627 Nu'uanu Ave. He and his wife, Sum Kum Medeiros, worked every night at the small store.
Nuuanu Liquors owner Edwin Medeiros died after arguing with a customer who allegedly shoved him, causing him to hit his head. Suspect William Albinio says the owner's wife refused to sell him beer because he was drunk.
