Posted at 12:44 p.m., Friday, May 11, 2007
Testimony continues in case of Kula shooting
By LILA FUJIMOTO
The Maui News
From 25 to 35 feet away, he said, he saw Mark A. Martins standing outside near a van.
"I noticed him and he noticed me," Bass said, testifying Thursday at a preliminary hearing in Wailuku District Court. "That's when I noticed the movement of the gun in his hand. I was being shot at."
The Maui News reported that Bass said Martins fired four shots, with the first two shattering the windshield of the white van between the two men. He said two other shots also hit the van.
"I asked him what was going on; what are you doing," Bass said. "Mark said, 'I have no beef with you.' "
Those gunshots followed a volley fired at a gathering of men at a barbecue in the yard of a cluster of three residences on the night of May 2. Police reported more than 30 rounds were fired and recovered a 9 mm Glock semiautomatic handgun and two high-capacity magazines that could hold 17 bullets each.
Martins, 53, of Kula, faces 18 counts including first-degree attempted murder and two counts of second-degree attempted murder. The hearing before Judge Kelsey Kawano seeks to establish probable cause for the felony charges to be forwarded to Circuit Court for further action.
According to the witnesses, police were called to the residences off Kula Highway about 1.5 miles above Rice Park at 10:40 p.m. May 2.
Several homes were evacuated and a portion of Kula Highway was closed during a 7.5-hour standoff between police and Martins before he surrendered at 6:15 a.m. May 3.
Bass' half brother, Francis "Randy" Randall, 43, who ran from the property after being struck in his left arm and thigh, was flown to Wilcox Memorial Hospital on Kauai, where he has had surgery and is recovering.
Martins is being held without bail at the Maui Community Correctional Center.
Testifying on Thursday, former Maui County Deputy Prosecutor Kevin Jenkins established for the judge that Martins was found guilty of charges including a felony for keeping a loaded firearm in an improper place in a December 2001 trial in 2nd Circuit Court. The charges were brought after Martins' arrest for firing shots at Nakalele Point the morning of May 15, 2000, while dirt bikers were in the area.
Martins was sentenced to a 90-day jail term and placed on five years' probation. He wasn't allowed to own or possess firearms and ammunition as a condition of his probation, Jenkins said.
With a prior felony conviction, Martins could not legally possess a firearm or ammunition.
Also at the hearing, Hana resident Darryl Vincent said eight men were at the barbecue outside the residence where Martins was renting a unit and Randall also lives. Some people were drinking beer, Vincent said.
Randall's mother owns the nearly 1-acre property, which Randall was helping fix up.
Martins wasn't among those at the barbecue, but he came out of his unit at one point and asked if someone could move Randall's white van and a green car that was parked behind Martins' pickup truck, Vincent said.
Joseph "Maui Joe" Freehouse moved his green car next to a barbecue grill set up on the side of the van, Vincent said.
He said Randall didn't move his van, saying there was enough room for Martins to drive his pickup truck out.
Martins left, then returned after a while.
"He said don't need to move the van or anything, he's not going anywhere," Vincent said.
"Go ahead, enjoy you guys' barbecue and have a good time," he recalled Martins saying.
When he emerged from his unit a third time that night, Martins had a pistol, Vincent said.
He said he was "shocked" but soon returned to tending the barbecue grill.
"I thought it was nothing at first," he said.
Soon, though, he heard Martins say "So what you think now?" apparently directing his words at Randall.
Then, "it sounded like firecrackers, but that was the weapon going off," Vincent said. "Everything just happened so fast."
Vincent said he saw Randall throw a beer bottle at Martins, momentarily stopping him from shooting. In the same motion, Randall grabbed his left arm and ran, Vincent said.
While others ran in different directions, Vincent said he hid behind Freehouse's car, distancing himself as Martins walked to the middle of the parking area and fired shots down the driveway.
When he saw Martins walk back to his unit, Vincent said he made his escape down the driveway.
"I couldn't believe what had just happened," he said.
Bass, who had arrived from Wisconsin for a visit that evening, said he was asleep in a room with a wall adjoining Martins' unit when he heard what sounded like a baseball bat being pounded on Martins' wall.
"At that point, I did not know they were gunshots, just loud noises," Bass said.
He saw two holes in the walls between the bed and a desk before going outside and being told his half-brother had been shot.
The shooting had stopped by the time he left the house, Bass said. He said he went to a neighbor's yard and found Randall with blood flowing down his arm.
"I was confused and angry and I ran back up the driveway to the house," Bass said.
That's when Martins fired at him, Bass said.
When Martins ran into his unit after shooting, Bass said he grabbed a steak knife from the barbecue grill. He went back down the driveway when he heard people calling and was tackled by police, who at first didn't know who he was, Bass said.
A lawn chair that his half-brother had been sitting in had a bullet hole in the middle of its backrest, Bass said.
Martins is also charged with first-degree terroristic threatening, seven counts of first-degree reckless endangering, two counts of first-degree criminal property damage, using a firearm in the commission of a felony, being a felon in possession of a firearm, being a felon in possession of ammunition and two counts of possessing a prohibited pistol magazine.
The preliminary hearing is scheduled to conclude today before Judge Kawano.
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