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Showing posts from March, 2014

Assault in the First Degree is a Lesser Included Offense to Murder

State v. Kaeo (HSC February 28, 2014) Background. Paul Kaeo was indicted with one count of murder in the second degree. Evidence at trial showed that Kaeo separated from his wife Debbie and Debbie started seeing Charles Kahumoku. During the separation, Paul and Debbie communicated with each other—especially when Debbie would argue with Charles. Paul would tell Debbie that he threatened to kill Charles if he ever found him. Debbie’s father also reported that Paul would make similar threats about Charles. The incidents escalated between Paul and Charles. One day in May, Paul was with Debbie and her father preparing for a party. Paul and the father discussed Debbie and her relationship with Charles. Charles dropped off Debbie, but did not stick around. Later that night, Charles showed up and started yelling at Paul.
The two of them got into an argument. Paul grabbed a pipe and started smashing Charles’ car. Paul then went to the driver’s side of the car and started “jabbing” Charles. Paul …