John Howard never threw a punch at the driver of a sedan on Komana Street in Ewa Beach on March 23 before the driver kicked Howard in the chest, Deputy Prosecutor Scott Bell told a state jury Wednesday.
Howard, 38, fell and hit his head on the pavement. He died the following day at the Queen’s Medical Center from complications of blunt force head injury.
The driver, 19-year-old Gerime Bradley, who was a McKinley High School senior at the time of the confrontation, is on trial for manslaughter.
Bell said Howard had been standing on the side of Komana Street, drinking, yelling, singing and pounding on parked cars when Bradley pulled the sedan over, near Howard. Bradley and his two passengers, former high school football teammates, then exchanged words with Howard.
Bradley drove up the street and parked the car in a driveway, where he and his friends got out.
A neighbor told police he saw Howard walk into the middle of the street and tell Bradley and his friends that he was going to bust up their car.
Bell said Bradley and his friends walked down the street to confront Howard and, "without any provocation on Mr. Howard’s part, the defendant turned and with a roundhouse kick, struck Mr. Howard square in the sternum."
He said Bradley and his friends went back to their car and left Howard in the middle of the street, but not before one of the friends stood over Howard and took a cellphone picture of him.
"If a young man had simply driven away, this entire matter could have been avoided," Bell said.
Defense lawyer Myles Breiner told the jurors that Howard did throw punches at Bradley. He said Howard blocked the street and when Bradley pulled over to let another car pass, "Mr. Howard came over to the car, unprovoked, and threw a series of punches into the face of Gerime. Gerime blocked the punches."
He said Howard also threatened to shoot and stab Bradley.
Breiner said Bradley was not looking for retaliation but was angry and wanted to confront Howard about why he did what he did.
He said Howard’s blood-alcohol content was 0.25, more than three times the legal threshold for drunken driving, and as a result he was belligerent and violent.
Breiner said one of Bradley’s friends was the first to confront Howard. He said Howard then turned toward Bradley and reached for something either in his back pocket or waist.
"Gerime’s first reaction was kick him to get away from him," Breiner said, "One quick kick, not with a hard-sole shoe, with slippers."
He said Bradley was afraid and kicked Howard in self-defense.