"The real question is Bob's state of mind," attorney Keith Shigetomi told a jury as a three-week trial moved to closing before 2nd Circuit Judge Joseph Cardoza.

Henneman, 57, readily acknowledged he shot his former friend, David Gibbins, shortly after midnight Aug. 18, 1991, while the two were with a group on a four-day fishing and camping trip at Nuu Landing in Kaupo.

However, Henneman's attorney would not concede to charges of second-degree murder and using a firearm in the commission of a felony. Instead, Shigetomi argued for a conviction of manslaughter. For manslaughter, Henneman would face a 20-year prison term while murder carries a mandatory sentence of life with the possibility of parole.

He already has spent 13 years in prison after initially pleading no contest to second-degree murder and being sentenced to life in prison. But he was allowed a new trial after an appeals court found he was given incorrect advice by his defense attorney in 1992.

With the conclusion of arguments Thursday, the jury will begin its deliberations today.

Henneman testified earlier this week that he went into his girlfriend's van, got a rifle and loaded it after being knocked to the ground, punched and kicked by Gibbins during an argument that escalated into a brawl. He eventually fired the shot that killed Gibbins.

Shigetomi pointed out that witnesses that night – including Henneman's former girlfriend, Doreen "Doe" Sarasin, an Oregon resident who returned to testify at the trial – didn't believe Henneman was actually going to kill Gibbins, even though he might have stated such intentions.

Shigetomi also pointed out that Sarasin initially reported to police that a "shooting or possible shooting accident" had occurred. The defendant himself was quoted as saying: "I didn't aim. I just fired."

Shigetomi said the Deputy Prosecutor Melinda Mendes had not fulfilled a required element for second-degree murder, showing that Henneman intentionally or knowingly caused Gibbins' death.

Arguing to the jury that Henneman's actions were reckless, Shigetomi said he disregarded the risk of what he was doing and shouldn't have done what he did.

"That's what Bob Henneman did when he picked up the gun and fired," Shigetomi said.

Deputy Prosecutor Mendes urged the jury to hold Henneman accountable for his actions and argued that his actions showed he intended to kill and knew he could kill Gibbins.

"This is much more than reckless conduct," Mendes said in her rebuttal argument.

She pointed out that evidence at trial showed Henneman was an experienced marksman, and in this case, took a shot and hit his target. The defendant had to have known that his actions would have caused Gibbins' death, Mendes said.

In addition, Mendes said Henneman was heard saying he was going to kill Gibbins, carrying out his intentions when he pulled out and fired the AR-15 assault rifle he had brought on the camping and fishing trip.

Henneman had testified he brought the semiautomatic rifle and a lever-action rifle on the trip because there had been talk about going goat hunting.

Mendes asked the jury not to confuse "extreme emotional or mental disturbance" with the extreme anger that Henneman displayed when he acted against Gibbins. The 40-year-old Makawao resident and father of two died after being struck in his middle upper chest by the gunshot.

Shigetomi said Henneman reacted because he was scared, he had been beaten up before by Gibbins and he feared that his former friend would harm him again after their last argument.

Henneman was in pain from being beaten up and such injuries affected his thinking and his actions, Shigetomi argued. In order to find murder, he said, the prosecution had to show that Henneman was not under the influence of an extreme, emotional or mental disturbance.

Mendes argued back that the anger Henneman was expressing and feeling at the time of the alleged murder did not meet the criteria for extreme emotional or mental disturbance.

"Just because you're angry doesn't mean you're not guilty of committing murder," Mendes said. "Make no mistake, this is murder based on the facts, based on the law."