The result is that it may it easier for Baccam's attorney to defend him, but the prosecution may now try to keep the jury from hearing evidence that the man who was shot had crystal methamphetamine in his system.

Baccam, 48, is accused of firing the shotgun blast that killed Marcelino Pacheco Jr. on an isolated dirt road near Baccam's Kahuku farm in the middle of the night last September. The defense's case is that Baccam thought Pacheco, 38, had been stealing equipment and crops from his farm and that Baccam feared for his life when he fired the shotgun.

Pacheco's body was found Sept. 7 after Baccam told Wahiawa police that he had shot a man, felt bad about it and wanted to surrender.

Pacheco had a history of crystal methamphetamine use, according to court records, and police said they suspected him of stealing from Kahuku farms to support his drug habit.

The shooting prompted an outpouring of sympathy from other farmers beleaguered with thefts that are estimated to cost $1 million a year around the state. About 250 farmers met about a week after the shooting to push for solutions to prevent the thefts. In addition, a fund was set up to pay for Baccam's legal expenses.

Baccam was charged with one count of second-degree murder that allowed prosecutors to seek a conviction by proving:

• That he fired the fatal shot — a legal concept called murder by commission.

• Or that he did not seek medical life-saving help once he shot the victim — a legal concept known as murder by omission.

Second-degree murder carries a mandatory life term with parole.

Baccam's lawyer, Todd Eddins, asked Circuit Judge Marcia Waldorf to eliminate the murder-by-omission approach from the charge, arguing in his court papers that the prosecution's evidence does not support the charge. Yesterday, Honolulu Deputy Prosecutor Russell Uehara said he conceded that point to the defense.

Uehara later said his decision was based on the testimony by William Goodhue, first deputy city medical examiner, from an earlier hearing that Pacheco bled to death when one of the shotgun pellets tore the femoral artery in his left thigh.

Goodhue testified that Pacheco had methamphetamine in his system, which increased his heart rate and and blood flow, causing him to bleed faster. He said Pacheco would have likely have died within about six minutes without specialized medical help.

Uehara said there was no way a specialized medical team could have arrived at the deserted road in the middle of the night within six minutes to save Pacheco's life. "He had a duty (to seek medical help to save Pacheco), but it was impossible for him to complete that duty," Uehara said.

Eddins declined to comment about the case. Baccam, who is free on $25,000 bail, also declined comment.

Baccam's trial is scheduled for July 11.

About $15,000 has been raised for Baccam's legal fees, which are estimated to be $30,000.