State v. Van Gieson

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
25-SEP-2024
07:52 AM
Dkt. 88 SO

CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
KAMAUA VAN GIESON, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CRIMINAL NO. 1CPC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Defendant-Appellant Kamaua Van Gieson (Van Gieson)

appeals from the September 21, 2023 Amended Judgment of

Conviction and Sentence; Notice of Entry (Judgment) entered by

the Circuit Court of the First Circuit (Circuit Court).1 At the

conclusion of a jury-waived trial, Van Gieson was convicted of

Murder in the Second Degree in violation of Hawaii Revised

Statutes (HRS) §§ 707-701.5 (2014)2 and 706-656 (2014).3

1
The Honorable Kevin A. Souza presided.
2
HRS § 707-701.5 provides:

§ 707-701.5 Murder in the second degree. (1)
Except as provided in section 707-701, a person
commits the offense of murder in the second degree if
the person intentionally or knowingly causes the death
of another person.
(continued...)
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Van Gieson raises three points of error on appeal,

contending that the Circuit Court erred by: (1) denying Van

Gieson's various motions for acquittal, and by finding him

guilty, despite insufficient evidence to show that he had the

requisite knowing or intentional state of mind with respect to

the drowning of Dustin Molina (Molina); (2) failing to find that

Van Gieson met his burden, by a preponderance of the evidence, to

prove the affirmative defense that at the time of the act in

question, Van Gieson was laboring under an extreme mental and/or
emotional disturbance (EMED); and (3) denying Van Gieson's motion

for judgment of acquittal, dismissal, and/or new trial.4

Upon careful review of the record and the briefs

submitted by the parties, and having given due consideration to

the arguments advanced and the issues raised by the parties, we

resolve Van Gieson's points of error as follows:

(1) Van Gieson argues that there was insufficient

evidence of the requisite level of intent to commit murder

2
(...continued)
(2) Murder in the second degree is a felony for
which the defendant shall be sentenced to imprisonment
as provided in section 706-656.
3
HRS § 706-656 states, in relevant part:
§ 706-656 Terms of imprisonment for first and second
degree murder and attempted first and second degree murder.
. . . .
(2) Except as provided in section 706-657,
pertaining to enhanced sentence for second degree
murder, persons convicted of second degree murder and
attempted second degree murder shall be sentenced to
life imprisonment with possibility of parole.
4
Van Gieson makes no separate argument in support of his third
point of error and we thus construe it as incorporating or summarizing his
other points.

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because, to convict, the court must have found that each act,

circumstance, and result must have occurred with intent or

knowledge to kill Molina.

Van Gieson points to, inter alia, the testimony of the

chief medical examiner, Dr. Masahiko Kobayashi (Dr. Kobayashi)

who concluded that it was the combined effect of a stab wound to

the neck and drowning that caused Molina's death.

Dr. Kobayashi testified that the stab wound went deep,

through the muscle tissue inside the neck, and punctured the
internal jugular vein. There was white foam in Molina's mouth

and airways, and the lungs were hyperinflated, with less than two

cups fluid in the chest cavity and a small amount of fluid in the

sphenoid sinus, which were indications of drowning. Dr.

Kobayashi stated that he did not think that the stab wound to the

neck alone was sufficient to cause death, and it is probable

Molina remained conscious and was alive when he went into the

water.

Van Gieson's cousin, Larry "Kaipo" Ballenti (Ballenti),

testified, inter alia, that he picked up Van Gieson sometime

after 8:45 p.m. on the day of Molina's death, and as they were

driving from Wai#anae to #Aiea, Van Gieson told Ballenti that, "I

went stab him." Ballenti testified that Van Gieson also told

him:
[T]hey [Van Gieson and Molina] went from Maili, St.
John's, they went across the road to the bus stop to talk,
and that's where he stabbed him, the boy, Dustin, in his
neck. And he was bleeding a lot, and then from there, he
said he took him to the water to try to swim him out.

When reviewing the sufficiency of evidence on appeal,

the court applies the following standard of review:
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[E]vidence adduced in the trial court must be considered in the
strongest light for the prosecution when the appellate court
passes on the legal sufficiency of such evidence to support a
conviction; the same standard applies whether the case was before
a judge or jury. The test on appeal is not whether guilt is
established beyond a reasonable doubt, but whether there was
substantial evidence to support the conclusion of the trier of
fact.

State v. Kalaola, 124 Hawai#i 43, 49, 237 P.3d 1109, 1115 (2010)

(citations omitted).

"Substantial evidence" is "credible evidence which is

of sufficient quality and probative value to enable a person of

reasonable caution to support a conclusion." Id. (citation

omitted).
The standard to be applied by the trial court in ruling upon
a motion for a judgment of acquittal is whether, upon the
evidence viewed in the light most favorable to the
prosecution and in full recognition of the province of the
trier of fact, a reasonable mind might fairly conclude guilt
beyond a reasonable doubt. An appellate court employs the
same standard of review.

State v. Hicks, 113 Hawai#i 60, 69, 148 P.3d 493, 502 (2006)

(ciation omitted).

"[T]he granting or denial of a motion for new trial is

within the sound discretion of the trial court and will not be

disturbed absent a clear abuse of discretion." State v. Yamada,
108 Hawai#i 474, 478, 122 P.3d 254, 258 (2005) (citation omitted).

Van Gieson contends that the only inference that can be

drawn from his swimming Molina out to sea was that he intended to

hide evidence, not drown Molina, and because the evidence shows

he thought Molina was already dead when he swam the body out to

sea, the defense of mistake applies. HRS § 702-218 (2014)

provides:
§ 702-218 Ignorance or mistake as a defense. In any
prosecution for an offense, it is a defense that the accused
engaged in the prohibited conduct under ignorance or mistake
of fact if:

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(1) The ignorance or mistake negatives the state of
mind required to establish an element of the
offense; or
(2) The law defining the offense or a law related
thereto provides that the state of mind
established by such ignorance or mistake
constitutes a defense.

Van Gieson's position ignores other evidence in the

record from which the Circuit Court could infer an intentional or

knowing intent to cause Molina's death, including but not limited

to Dr. Kobayashi's testimony that it was probable that Molina was

conscious when he went into the water. The court was under no
obligation to accept Ballenti's interpretation that "swim him

out" merely meant Van Gieson intended to get rid of Molina's dead

body. In rendering its verdict, the Circuit Court noted other

evidence supporting its determination that the mens rea element

was satisfied, including Van Gieson's statements to the effect

that if he could not have his ex-girlfriend, no one else would.

We conclude that considering all of the evidence

adduced at trial, when viewed in the strongest light for the

State and giving full play to the right of the fact finder to

determine credibility, weigh the evidence, and draw justifiable

factual inferences, a reasonable mind could fairly conclude that

Van Gieson was guilty beyond a reasonable doubt.

(2) Van Gieson argues that the Circuit Court erred in

finding that the evidence did not establish an EMED defense.

HRS § 707-702 (2014) provided, in relevant part:5
§ 707-702 Manslaughter. . . .

(2) In a prosecution for murder or attempted murder
in the first and second degrees it is an affirmative

5
HRS § 707-702 was amended in 2018 and 2019.

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defense, which reduces the offense to manslaughter or
attempted manslaughter, that the defendant was, at the time
the defendant caused the death of the other person, under
the influence of extreme mental or emotional disturbance for
which there is a reasonable explanation. The reasonableness
of the explanation shall be determined from the viewpoint of
a reasonable person in the circumstances as the defendant
believed them to be.

For HRS § 707-702(2) to apply to reduce an offense to

Manslaughter, the defendant must have been under an EMED at the

time of the offense, and there must be a reasonable explanation

measured under a subjective/objective test. State v. Kaiama, 81

Hawai#i 15, 25-26, 911 P.2d 735, 745-46 (1996).
"It is insufficient for a criminal defendant merely to

allege that he or she was experiencing emotional distress at the

time of the charged offense." State v. Perez, 90 Hawai#i 65, 74,

976 P.2d 379, 388 (1999). "[T]he mitigating EMED defense focuses

on the defendant's reaction to the stress, i.e., on whether the

defendant's reason was overborne." Id. (cleaned up).

Van Gieson presented no evidence or witnesses and

argued this defense based upon evidence adduced at trial relating

to the breakup with his ex-girlfriend. Van Gieson points to

Ballenti's testimony that, prior to Molina's death, Van Gieson

had told Ballenti that he went to his ex-girlfriend's house and
tried to strangle her, but everybody woke up. Ballenti testified

that Van Gieson became suicidal because of the break up. A

mutual friend of Van Gieson and Molina, Jayson Salvador

(Salvador), testified that Van Gieson once told him that he would

kill somebody if his girlfriend was with them.

In rejecting the EMED defense, the Circuit Court noted

that the testimony showed Van Gieson's actions were deliberate

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and intentional on the night of the killing. Van Gieson did not

appear upset when he arrived at Salvador's house, where Molina

was present with friends, and Van Gieson was friendly to every

one. He isolated Molina from the group, telling Salvador and

Roycen Kaawa, another friend who was present, that he only needed

one person to walk him to the bus stop. When the friends got

concerned, and went and found them at Mâ#ili Beach, Van Gieson

appeared calm, and the friends did not sense any problem. After

the killing, when Ballenti picked up Van Gieson at Hale Wai Vista
apartments, Van Gieson appeared relaxed to Ballenti and asked to

be taken to Aiea because there was "too much heat on the west

side." Early that same evening, Van Gieson had asked to borrow a

car from Ballenti, then asked for a ride to the Mâ#ili location

when Ballenti refused, and then asked to borrow "darker clothes,"

because he could not be seen. On this record, we cannot conclude

that the Circuit Court erred in rejecting Van Gieson's argument

that he was laboring under EMED at the time he committed the

offense.

For these reasons, the Circuit Court's September 21,

2023 Judgment is affirmed.

DATED: Honolulu, Hawai#i, September 25, 2024.

On the briefs: /s/ Katherine G. Leonard
Acting Chief Judge
Kai Lawrence,
for Defendant-Appellant. /s/ Keith K. Hiraoka
Associate Judge
Stephen K. Tsushima,
Deputy Prosecuting Attorney, /s/ Sonja M.P. McCullen
City and County of Honolulu, Associate Judge
for Plaintiff-Appellee.

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