Judge tosses out Waipahu stabbing case after 3 strikes by prosecutors
Assault charges may be refiled against a 26-year-old homeless man who allegedly stabbed his wife in the back with a kitchen knife during an argument at a Waipahu shelter earlier this month.
David Kasty, 26, was charged Feb. 12 for attempted second-degree assault after allegedly stabbing his wife Feb. 10 around 6:30 p.m. at a homeless shelter at the Lighthouse Outreach Center on Leokane Street.
However, District Judge Lono Lee dismissed the case without prejudice Monday after three preliminary hearings had to be continued.
The prosecutor’s office said in the first preliminary hearing on Feb. 18 that a doctor who was supposed to testify was unavailable.
The suspect was not transported to District Court for the rescheduled preliminary hearing, which was supposed to be held Feb. 19.
At Monday’s third preliminary hearing, the complaining witness failed to appear.
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The prosecutor’s office is considering reindicting Kasty.
According to a police affidavit filed in District Court Feb. 16, the incident started as an argument over the couple’s children at the Waipahu shelter where they live.
Kasty’s wife said her husband was drunk, and she told him to leave since she didn’t want to deal with him in that state.
When Kasty’s wife turned to walk away, she said “she felt like a punch to her back.”
The victim told police that she discovered her shirt was wet with blood and she ran for help, the affidavit said.
Shelter officials said the victim had a puncture wound on her back under her left shoulder blade.
Kasty fled, but was found by two shelter workers at the Waipahu Shopping Plaza.
A kitchen knife with a six-inch blade that Kasty dropped was also recovered by shelter workers, the police statement said.