A 37-year-old Paauilo man told police he had walked to the home of an acquaintance the evening of July 9 and the acquaintance chased him off the property, firing at least five shots at him and hitting him in the head.
The victim, Kawika Lundburg, identified 44-year-old Kawika Souza as the man who shot him, according to court documents filed by police.
The documents don’t state why Lundburg — who was contacted by officers while receiving treatment at North Hawaii Community Hospital for a skull fracture and related injuries — went to Souza’s house on Lower Cane Haul Road.
Lundburg said two other men were present on the property — 67-year-old Gary Dias-Souza and another he reportedly identified as Jim Robinson.
Lundburg allegedly told police that when he arrived, Souza yelled at him to “get the f—-k out of here” and “f—-k you” and started chasing him with a .22 caliber silver handgun.
Lundburg allegedly told police that Dias-Souza yelled something to the effect of, “Shoot him! Shoot that f—ka!”
Lundburg reportedly said he dived over the property gate into high grass and removed his bloody clothes because they were too heavy. He passed out for awhile before recovering enough to make his way home naked.
Robinson told police that he arrived at Souza’s house with Dias-Souza, a friend of Souza’s. He reportedly told officers that when Lundburg arrived, an altercation between him and Souza ensued.
Robinson told officers Dias-Souza exited Robinson’s vehicle to join Souza’s pursuit of Lundburg, the documents state. Robinson allegedly didn’t see a firearm but reportedly told police that from inside his vehicle, he heard about eight gunshots.
He also allegedly heard Dias-Souza say something to Souza like, “Did you hit him?” and “You’ve got to pick up the casings.”
Detectives executed search warrants related to the incident, discovering a loaded .22-caliber Winchester rifle, unspent .22-caliber ammunition, several spent .22-caliber shell casings and additional evidence.
Documents state Souza requested a lawyer and no statement was taken.
Dias-Souza reportedly told police that Souza didn’t chase Lundburg,and the altercation stemmed from a prior incident in which Lundburg stole a vehicle and left it on Souza’s property to frame him.
Documents state that Dias-Souza denied instructing Souza to shoot Lundburg and later changed his story to state that there was no altercation and that Lundburg ran for no apparent reason.
Souza was charged with attempted second-degree murder, using a firearm in the commission of a separate felony, and two counts of prohibited possession of a firearm and ammunition. His bail was set at $1.64 million.
Dias-Souza was charged with solicitation of murder. His bail was set at $100,000.
Both made their initial appearances Tuesday in Hilo District Court.
Brandon Segal, Souza’s court-appointed attorney, asked Judge Jeffrey Hawk to reduce his client’s bail.
“My client is indigent. I believe that bail currently is well in excess of $1 million. We’re asking for a bail that’ll secure his appearance in court. I’m going to ask to reduce that down at this time to $250,000,” Segal said.
Deputy Prosecutor Dwane Tegman objected to any bail reduction for Souza, citing a pretrial bail study that recommended against supervised release — a form of cashless bail.
“I would note, also, in that pretrial bail report the defendant has admitted to recent drug use,” Tegman said. “The state would note that the defendant … does have several prior convictions for violent misdemeanor offenses including abuse and assault. He also has three prior convictions for contempt of court, suggesting to the state that the defendant poses a flight risk.
“The allegations in this case are obviously very serious. The defendant is alleged to have opened fire on the complainant, hitting him at least once in the head area, causing skull fractures. He fired approximately five times. He was prohibited from even having a firearm due to his prior violence convictions.”
Tegman also asked Hawk to impose electronic monitoring and house arrest on Souza, should he post bail, and Segal objected.
“Should he be able to post the bail in this case then … asking for house arrest (and) electronic monitoring, those are not tied to the critical factor of securing his appearance in court,” Segal said. “So, we object to any additional factors or additional requirements or conditions that would require him to remain, essentially in custody … if he is able to post bail.”
Hawk told Souza he has “significant public safety concerns regarding the allegations in the case.”
“Accordingly, I’m not going to grant any sort of release in the case. I’m going to deny the request for reduction of bail at this point,” the judge said. “You will be subject to electronic monitoring and house arrest if you’re able to bail out.”
Deputy Public Defender Paul Billison said Dias-Souza makes about $1,500 a month, mostly from selling fruit, and requested that Hawk free Dias-Souza on supervised release or to reduce his bail to $50,000.
Hawk maintained bail as previously set for Dias-Souza, and ordered both men to return Thursday for a preliminary hearing.
The most serious charges for both men — second-degree attempted murder for Souza and criminal solicitation of murder for Dias-Souza — carry mandatory penalties of life imprisonment with the possibility of parole, upon conviction.
Both men remain in custody at Hawaii Community Correctional Center.
Email John Burnett at john.burnett@hawaiitribune-herald.com.
