The Hawaii Intermediate Court of Appeals has overturned the murder conviction of one of two teenagers found guilty of fatally beating a taxicab driver in Waipahu.
The court ruled earlier this month that the judge in Kilani Derego’s trial should not have allowed the state to present as evidence the police statements of Kilani’s co-defendant, Michael Robles. The appeals court also sent the case back to Circuit Court for retrial.
Derego was 17 when police said he and Robles fatally beat Charlys Ty Tang in a Times Super Market parking lot in the early morning hours of May 1, 2010. Tang died later that day in the Queen’s Medical Center. It was his 41st birthday. Robles was 18 at the time of the beating.
Robles was already charged with murder when a state Family Court judge cleared the way for Derego to also be charged and tried for murder as an adult.
The teens had separate trials in state court.
Robles went to trial first and elected to have a judge, rather than a jury, decide his fate. He testified that he and Derego beat Tang after they caught a ride in Tang’s taxi from Waikiki to Waipahu.
But he said he didn’t intend to kill Tang and only kicked Tang in the shoulder and possibly the face to get the driver to release his grip on Derego. He also testified that it was Derego who initiated the beating and inflicted more damage.
Robles had earlier told police that he was with Derego but did not participate in the beating. He said he instead tried to stop Derego. In another statement to police, Robles said he kicked Tang more than once, and possibly in the head, while the taxi driver was on the ground but only to keep Tang away from him and Derego.
Circuit Judge Dexter Del Rosario found Robles guilty of manslaughter and sentenced him to 20 years in prison.
Derego chose to have his trial in front of a jury.
He testified that he was having sex with his girlfriend in a Schofield Barracks apartment at the time of the beating and showed the jurors a photocopy of a printout that he said indicates that he was on the Internet.
Robles was supposed to testify against his childhood friend and fellow runaway of the Hale Kipa therapeutic group home in Manoa. But when he took the witness stand, he said he lied about everything he told police and testified to in his trial. He also invoked his constitutional right against self-incrimination and refused to testify about the beating.
Del Rosario told Robles he no longer had that right because he was already convicted of manslaughter for his role in the beating. Del Rosario allowed the prosecutor to present to the jurors Robles’ police statements after Robles continued to refuse to answer questions.
In general, a statement not made in court is hearsay and not allowed as evidence.
The appellate court said that Robles’ refusal to answer questions denied Derego his right to cross-examine his accuser in the police statements.
