The 60-year-old man accused of fatally stabbing 22-year-old Kashka Otto, a worker at the Nanakuli Wendy’s, and seriously injuring the 44-year-old restaurant manager, pleaded not guilty Monday to charges that, if he is convicted, could result in a life sentence without
parole.
Deputy Public Defender Sat Freedman asked Judge Ronald Johnson to set a reasonable bail for Reynaldo Cheney, who was ordered
by Johnson after he was indicted to be held without bail for charges of first-
degree attempted murder — punishable by up to life in prison without the possibility of parole, second-degree murder and second-degree attempted murder.
Freedman argued that Cheney, who has lived in
Hawaii for about seven years, has been homeless,
is disabled, can’t work, and his only crimes were recent petty misdemeanors associated with homelessness and a 30-year aggravated assault conviction from 1994 in Michigan.
The deputy public defender said Cheney got into a disagreement with the Wendy’s employee, who clocked out, “called my client out” and stepped outside the fast-food restaurant. After getting into a fight with Otto, Otto had to be separated from Cheney by several people.
“This is not a case where my client attacked someone helpless,” Freedman said.
After the incident, Cheney “waited at the scene, called 911, placed the weapon down and waited,” Freedman said.
But Deputy Prosecutor Molly O’Neill asked the court to confirm no bail due to the seriousness of the offense and that he is a flight risk
because of the possible life sentence without parole for first-degree attempted murder as well as the multiple-
offender sentencing status.
She said Cheney called the victim derogatory names. The victim entered into a mutual fight with Cheney. Cheney refused to leave the restaurant when asked, and took out a dagger and hid it behind his back, O’Neill said.
When Cheney entered the fight outside the store, he took out the dagger, stabbed Otto and stabbed Andrew McCullough, the manager who was attempting to break up the fight, in the back. She said the manager would have died if Cheney had stabbed him any further, according to a doctor.
The judge denied bail due to Cheney’s multiple serious offenses; his lack of serious connections to Hawaii, though he has lived as a transient for several years
in the state; and his lack of financial means.
Johnson said he not only inflicted serious injury on Otto, but stabbed the manager and allegedly brought
a weapon to the affray.
“The court believes he’s a significant danger to the community,” Johnson said, adding that one person died and the other could have.
“The defendant used deadly force in what would otherwise have been a fistfight,” Johnson said.
Johnson set trial for Dec. 23 before Judge Fa‘auuga To‘oto‘o.
Freedman objected to media presence, saying it impairs his client’s ability to get a fair trial.
The court denied his request, saying it is a public proceeding.