Mentally disturbed 23-year-old Mark Davis Jr., acquitted in the shocking rape and murder of a 6-year-old girl nearly a decade ago, could once again raise the insanity defense for a new assault charge.
If he does and prevails, he will be returned to the Hawaii State Hospital, where he is accused in the assault case of repeatedly slamming a padlock on the head of a hospital therapist.
Davis would be raising the insanity defense for the third time, also having been acquitted of escape from the state hospital just two months after he was committed to the Kaneohe facility.
The case highlights the quandary law enforcement and hospital officials face when dealing with troublesome patients acquitted of crimes because of their mental condition. Those patients must remain under the hospital's supervision until a state judge determines they are no longer mentally ill or no longer dangerous.
Some, especially those acquitted by reason of insanity in murder cases, remain at the state hospital for decades or the rest of their lives.
Because of their mental condition, those patients usually raise the insanity defense to charges of committing crimes while at hospital.
If convicted of the second-degree assault charge, Davis could spend up to five years in prison.
Upon his release, however, he would be sent back to the hospital, according to lawyers and hospital officials.
In one of the state's most horrific crimes, Davis was 14 and a Hawaii island resident when Kauilani Tadeo was raped and beaten near her family's Puna home on Sept. 27, 2001. She died from a blow to her head.
Prosecutors said Davis admitted that the police investigation proved he sexually assaulted and killed the girl. But mental health experts had diagnosed Davis as suffering from mental problems that included mild to moderate mental retardation, intermittent explosive disorder and antisocial personality disorder.
In 2005 he was acquitted of the murder and rape charges by reason of insanity and committed to the state hospital.
Two months after he was committed to the Kaneohe facility, Davis escaped for a couple of hours before he was found in a canal near a shopping center at Temple Valley. Davis was charged with escape but was acquitted by reason of insanity and returned to the hospital.
IN THE PAST FIVE years, five patients other than Davis have been prosecuted in connection with offenses at the hospital, according to hospital administrator Mark Fridovich.
One was convicted of escape and sentenced to prison and returned to the hospital after he served his sentence.
Another patient has an escape charge pending.
Two patients were convicted of assault and are now in prison. Another patient has a pending assault case.
City Deputy Prosecutor Mark Yuen said the office is prosecuting Davis because the determination of whether he is legally insane will be made later, based on mental examinations.
"We are just holding everyone penally accountable for whatever action they did," he said.
Davis pleaded not guilty to the assault charge. His trial is scheduled for September.
In that case, Davis is accused of an unprovoked attack on an occupational therapist on May 20, 2009.
The hospital staff was trying to place restraints on him after he told a social worker he was going to kill someone or escape, according to a police report.
But Davis walked or ran to a room where the therapist was at a table with another patient in an assessment session, the report said.
Davis grabbed a 13⁄4-inch combination padlock the therapist was using in the assessment, hit the therapist four times on the head with the metal lock and said several times, "I'll kill her," the document said.
The therapist said she suffered a severe concussion, the report said.
Police began an investigation but didn't submit the final closing report until May, clearing the way for prosecutors to file the assault charge on June 28.
During the investigation, James Ornellas, the hospital's clinical safety coordinator, checked on the case with police several times and asked that charges be pursued so Davis could be transferred to the Oahu Community Correctional Center, according to the police report.
Davis' arrest report lists him as 5 feet 9 inches tall and weighing 300 pounds.
Davis has been transferred to the OCCC while his case is pending.
Deputy Public Defender Bryant Zane said it's too early to say whether he will raise the defense for his client, but said it definitely will be considered.
Despite Davis' past, there is no guarantee that he will be acquitted by reason of insanity.
Under state law the defense must show that defendants suffer from mental disorders that render them incapable of distinguishing right from wrong or abiding by the law. The mentally ill can still be convicted if they have those capacities.
One notable example is is Byran Uyesugi, who was diagnosed with schizophrenia but was convicted of murdering seven Xerox co-workers in 1999, despite his insanity defense.
Monday, July 25, 2011
free family fishing day
Conservation Week kicks off on Sunday July 24th with a free family fishing day at Ho‘omaluhia Botanical Garden
Friday, July 22, 2011
Neighborhood Security Watch Activities
Last night at your Neighborhood Board Meeting we made a presentation encouraging people to participate in the National Night Out being celebrated August 2 at the Target Store in Salt Lake.(top level parking lot)starting at 4:30. The purpose of the celebration is to:
1. Heighten crime and drug prevention awareness
2. Generate support for and participation in local Neighborhood Security Watches
3. Strengthen community emergency preparedness and Community-Police partnerships
4. Send a message to criminals that neighborhoods are watching out for each other
thank you to the entire board for their gracious consideration of moving us up on the agenda. I came home exhausted and slept for 10 hours straight!
Last night, we were unable to have our Kaneohe Officer, Vernon Kleinschmidt, with us. He is also sick.
So I called Sgt. Samson today to find out how many active groups there are in Kaneohe.
Right now there are 10 active Neighborhood Security Watches in Kaneohe. Several groups went inactive because the NSW leadership team fell apart for over a year. There were no meetings and many thought the program had died.
In the last 6 months, we have participated in numerous community events, including attending Neighborhood Board meetings, to get the word out that "we are back" and going strong. At our events we are educating people about what NSW is about and how we CAN make a difference. It's working, and of special note, I have had more requests and interests from Kaneohe than any other area!
BTW: We will be in the Kaneohe Christmas parade and we will have a table at Windward City Lights.
Please share this email with the other board members.
I will get you further information about Chief Kealoha's Annual talk to the Community on Aug 25, @ 6:30pm, so that it can also be shared with the Neighborhood Board. If anyone has any questions for the Chief that night, please send them to me ahead of the meeting, so that we can gather facts, stats, etc.
Mahalo
Carlene MacPherson, windwardnsw@yahoo.com,236-1234
1. Heighten crime and drug prevention awareness
2. Generate support for and participation in local Neighborhood Security Watches
3. Strengthen community emergency preparedness and Community-Police partnerships
4. Send a message to criminals that neighborhoods are watching out for each other
thank you to the entire board for their gracious consideration of moving us up on the agenda. I came home exhausted and slept for 10 hours straight!
Last night, we were unable to have our Kaneohe Officer, Vernon Kleinschmidt, with us. He is also sick.
So I called Sgt. Samson today to find out how many active groups there are in Kaneohe.
Right now there are 10 active Neighborhood Security Watches in Kaneohe. Several groups went inactive because the NSW leadership team fell apart for over a year. There were no meetings and many thought the program had died.
In the last 6 months, we have participated in numerous community events, including attending Neighborhood Board meetings, to get the word out that "we are back" and going strong. At our events we are educating people about what NSW is about and how we CAN make a difference. It's working, and of special note, I have had more requests and interests from Kaneohe than any other area!
BTW: We will be in the Kaneohe Christmas parade and we will have a table at Windward City Lights.
Please share this email with the other board members.
I will get you further information about Chief Kealoha's Annual talk to the Community on Aug 25, @ 6:30pm, so that it can also be shared with the Neighborhood Board. If anyone has any questions for the Chief that night, please send them to me ahead of the meeting, so that we can gather facts, stats, etc.
Mahalo
Carlene MacPherson, windwardnsw@yahoo.com,236-1234
ex Kaneohe Marine to receive Nations Highest Honor
A marine who used to be stationed at Kaneohe will receive the nation's highest award.
Dakota Meyer will be just the third living recipient to receive the medal of honor for his heroism since Vietnam.
Officials say Meyer is being awarded for his action in Afghanistan in September 2009.
When while injured he pulled four fallen comrades away from enemy forces.
Meyer was stationed in Okinawa at the time.. and is no-longer in the Corps.
President Obama called Meyer to inform him about the honor on Monday.
Dakota Meyer will be just the third living recipient to receive the medal of honor for his heroism since Vietnam.
Officials say Meyer is being awarded for his action in Afghanistan in September 2009.
When while injured he pulled four fallen comrades away from enemy forces.
Meyer was stationed in Okinawa at the time.. and is no-longer in the Corps.
President Obama called Meyer to inform him about the honor on Monday.
Kahekili Hwy Community Workshop
Hawaii Dept of Transportation is holding a community workshop on Monday, July 25 at 6pm in WCC Hale Akoakoa to discuss alternatives to improve traffic and safety along Kahekili Hwy. Call 587-1835 if you have questions or special needs.
Thursday, July 21, 2011
Emergency Response Planning Committee
The Kaneohe Neighborhood Board created the Emergency Response Planning Committee for Kaneohe assigning Bill Sager as Chair and Felipe San Nicolas as Vice Chair. There is a lot to do to create an effective plan and we must depend on community volunteers to create an effective response plan.
We know that when a major hurricane hits Oahu 80% of our homes will be destroyed. The Department of Emergency Management has identified Shelters for 30% of our population, but most of those shelters will loose their roofs in a Category 3 hurricane.
Bottom line is we have to be prepared to take care of ourselves and our neighbors for at least a week. CERT training is the first step in our preparedness. We need to establish CERT response teams in each of our neighborhoods. Everyone is encourage to become CERT certified.
CERT training is free and consists of a total of 16 hours of classroom
time and 4 hours of practicum. One needs to attend all sessions in
order to "graduate" from the program. Each class consists of three (3)
days of training. You need to attend all three days in order to
graduate and become CERT certified. If you can't be present at all
three consecutive classes, you may make up the first two classes. The
third class can't be attended unless you have finished the first two.
These classes are usually held on weekends (Sat or Sun) from 8am to
between 1pm and 4pm.
Here are the dates of training for 2011:
August 13, 20, and 27 (Saturdays)
October 15, 22, and 29 (Saturdays)
Please RSVP to me at the below number at least a week in advance, so I
can arrange to have enough equipment and supplies available. All of the
training sessions will be held at Department of Emergency Management's
Emergency Operating Center , 650 South King Street ( Fasi Municipal
Building ). Parking is on the S. Beretania Street side. You need not
pay
Be aware that there are designated shelters for about 30% of our population and none of them would keep their roofs during a class III hurricane. Shelters have no supplies, so you're going to have to bring everything you're going to need with you.
If you work in a secure building, such as a hotel, make sure management has a response plan and encouraged them to include in your families in their plans to shelter their people. If your family is in a secure shelter, managent will know their employees are on property and ready to help.
Now that we've prepared for our families, let's think about our neighborhood.
Neighborhood Response
Civil Defense provides Citizen Emergency Response Team training. It is combination of emergency first aid training and organizing a neighborhood to effectively help their neighbors. For instance, the emergency response team should know who in their neighborhood needs special medical attention. Who is on oxygen. Who requires kidney dialysis. The team needs to know their neighbors.
Beyond the neighborhood, the community needs to inventory its resources. Know where you have secure buildings strong enough to provide safe shelter during a storm and to whom will the shelter be available. What heavy equipment is available to the community, how will it be activated and who will operate it.
How will the community communicate their needs to authorities and how can medical resources in our communities best be utilized.
Actions Needed - Looking for volunteers
Organize Neighborhoods into CERT Teams and integrate emergency preparedness into the Neighborhood Watch System
Contact Faith Groups, Business Groups and Service Groups to encourage them to participate in Emergency Response Planning.
Inventory available heavy equipment, who will operate it and how it can be activated.
Integrate Emergency planning with Police and Fire.
Set up HAM radio communications within Neighborhoods and to the ICS.
What help can we get from the military?
Inventory Shelters
Identify evacuation routes.
contact Bill Sager at bsager42@gmail.com or leave a comment here
We know that when a major hurricane hits Oahu 80% of our homes will be destroyed. The Department of Emergency Management has identified Shelters for 30% of our population, but most of those shelters will loose their roofs in a Category 3 hurricane.
Bottom line is we have to be prepared to take care of ourselves and our neighbors for at least a week. CERT training is the first step in our preparedness. We need to establish CERT response teams in each of our neighborhoods. Everyone is encourage to become CERT certified.
CERT training is free and consists of a total of 16 hours of classroom
time and 4 hours of practicum. One needs to attend all sessions in
order to "graduate" from the program. Each class consists of three (3)
days of training. You need to attend all three days in order to
graduate and become CERT certified. If you can't be present at all
three consecutive classes, you may make up the first two classes. The
third class can't be attended unless you have finished the first two.
These classes are usually held on weekends (Sat or Sun) from 8am to
between 1pm and 4pm.
Here are the dates of training for 2011:
August 13, 20, and 27 (Saturdays)
October 15, 22, and 29 (Saturdays)
Please RSVP to me at the below number at least a week in advance, so I
can arrange to have enough equipment and supplies available. All of the
training sessions will be held at Department of Emergency Management's
Emergency Operating Center , 650 South King Street ( Fasi Municipal
Building ). Parking is on the S. Beretania Street side. You need not
pay
Be aware that there are designated shelters for about 30% of our population and none of them would keep their roofs during a class III hurricane. Shelters have no supplies, so you're going to have to bring everything you're going to need with you.
If you work in a secure building, such as a hotel, make sure management has a response plan and encouraged them to include in your families in their plans to shelter their people. If your family is in a secure shelter, managent will know their employees are on property and ready to help.
Now that we've prepared for our families, let's think about our neighborhood.
Neighborhood Response
Civil Defense provides Citizen Emergency Response Team training. It is combination of emergency first aid training and organizing a neighborhood to effectively help their neighbors. For instance, the emergency response team should know who in their neighborhood needs special medical attention. Who is on oxygen. Who requires kidney dialysis. The team needs to know their neighbors.
Beyond the neighborhood, the community needs to inventory its resources. Know where you have secure buildings strong enough to provide safe shelter during a storm and to whom will the shelter be available. What heavy equipment is available to the community, how will it be activated and who will operate it.
How will the community communicate their needs to authorities and how can medical resources in our communities best be utilized.
Actions Needed - Looking for volunteers
Organize Neighborhoods into CERT Teams and integrate emergency preparedness into the Neighborhood Watch System
Contact Faith Groups, Business Groups and Service Groups to encourage them to participate in Emergency Response Planning.
Inventory available heavy equipment, who will operate it and how it can be activated.
Integrate Emergency planning with Police and Fire.
Set up HAM radio communications within Neighborhoods and to the ICS.
What help can we get from the military?
Inventory Shelters
Identify evacuation routes.
contact Bill Sager at bsager42@gmail.com or leave a comment here
Saturday, July 9, 2011
Oahu General Plan
The Oahu General Plan is being updated. This plan will determine the future of Oahu. Let your voice be heard. Learn more here and be sure to take the survey. Do it now because the survey will close on 7/14.
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