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The Honolulu Advertiser
Posted on: Saturday, December 23, 2006

Fighter calls acquittal 'best birthday present'

By Ken Kobayashi
Advertiser Courts Writer

Jason "Mayhem" Miller

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Professional mixed-martial arts fighter Jason "Mayhem" Miller, who turns 26 on Christmas Eve, received an early birthday present yesterday when a Circuit Court jury acquitted him of burglary, assault and criminal property damage charges.

Miller was accused of kicking open a locked door and breaking into the apartment of a woman he loves at about 6 a.m. Dec. 16 last year and assaulting a man who was with her.

But Miller's defense was that he didn't know Catherine Tanaka was with another man and he kicked the door only to try to wake her — not break it down — after he spent about 25 minutes knocking on the door.

Miller also said he had no intent of assaulting the man, but was only trying to ward him off during a struggle.

The jurors deliberated for several hours yesterday following a 2 1/2-day trial. The jury found him not guilty of first-degree burglary, misdemeanor assault and a petty misdemeanor for damaging the door. If convicted of the burglary charge, he could have faced up to 10 years in prison.

"It's the best birthday present I ever had," an elated Miller said.

Miller, who lived in Las Vegas but now calls Kalihi home, had a record of 14-4 as a professional fighter at the time of the incident.

City Deputy Prosecutor Glenn Kim told the jury during closing arguments yesterday that Miller's actions were fueled by jealousy. He said Miller was probably drunk and suspected Tanaka was with another man when he took the "radical step" of kicking open the locked door.

"He was going to hurt whoever he found in there," Kim said.

Miller's attorney David Hayakawa told the jury Miller did not know Tanaka was with anyone. Miller wasn't trying to damage the door, but after it swung open, the man, Casey Hewes, rushed Miller, who tried to get away, Hayakawa said.

"Jason had lots of chances to hit him, and he didn't do it," Hayakawa said.

Tanaka was not called as a prosecution witness because the prosecutor's office could not find her to serve a subpoena to testify at the trial, according to Kim.

She is now living in Los Angeles at an apartment that Miller has there, Kim told the jury.

Miller shook his lawyer's hand after the verdict was read, squeezed his eyes shut and later wiped his nose with tissue.

Hayakawa said Tanaka did not want to get involved in the case and had asked prosecutors to drop the charges.

"She knew it was all a big misunderstanding and no crime had taken place," Hayakawa said.

Miller said he loves Tanaka.

He called the case a tough learning experience and said he has quit drinking.

"This is the most stressful thing that I've ever been through and I've fought 400-pound guys before," he said.

He wasn't sure when his next fight will be because of the disruption to his career.

Miller is serving five years probation in Fulton County in Atlanta for aggravated battery related to a 2003 fight.

Hayakawa said with the acquittal, he doesn't think the Hawai'i case will affect Miller's probation status in Georgia.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.