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The Honolulu Advertiser
Posted on: Wednesday, May 6, 2009

Defense says victim partly to blame for his own death

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Kelii Acasia

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Hawaii news photo - The Honolulu Advertiser

Ned Nakoa

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A Circuit Court jury is now deliberating the fate of Kelii Acasia, accused killer of "Good Samaritan" Ned Nakoa, 58, on a Waikiki sidewalk last year.

"Ned Nakoa was alive and well before being punched and kicked by the defendant," Deputy Prosecutor Charlene Ikeda said in her final argument.

"He died of assaultive blunt force trauma to the head," she said.

Defense attorney Keith Shigetomi argued that the state had not proved its case against his 20-year-old client beyond a reasonable doubt.

Acasia was defending his girlfriend from the aggressive and drunken Nakoa, Shigetomi told jurors.

"He did not intend or know that the punch (to Nakoa) would cause a death," the defense lawyer said.

And Shigetomi argued that Nakoa's drunkenness contributed to his death.

Nakoa died of a torn artery at the base of his brain, an injury that intoxicated victims are "four times more likely to suffer" than sober ones, Shigetomi said.

But Ikeda said Nakoa was attacked after he tried to stop a fight between a U.S. Marine and Acasia's friend, Benjamin Pada.

Pada pleaded guilty to trying to steal the purse of the Marine's girlfriend.

"Ned Nakoa tried to help," Ikeda said. "Ned Nakoa tried to help the defendant stay out of trouble."

She cited the testimony of a witness who saw Acasia raise his hands above his head and yell, "Westside! Wai'anae!" after Nakoa was on the ground.

"He was proud of what he had done," Ikeda said.

The defendant showed no remorse and failed to get aid for Nakoa, Ikeda said.

Instead, Acasia ran from the scene and was eventually found by police trying to crawl under a car in a hotel parking area, the prosecutor said.

Acasia, who was on probation for a sex assault conviction at the time of Nakoa's death, did not take the witness stand in the trial.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.