Probable cause found; case transferred to Circuit Court

Payton Rapozo, the 23-year-old Wailua man accused of second-degree murder in connection with Sunday’s shooting death in Kapahi, made his preliminary appearance yesterday in District Court, and his attorney wasted no time in outlining the case for a self-defense claim.

“Police have confirmed that the decedent threatened family members the night before (the shooting) with a pistol and with a shotgun,” defense attorney Nelson Goo said outside the Lihu‘e courthouse. “(Police) also found a loaded shotgun in a truck that was accessible to the decedent (on the day of the shooting). … We’re not dealing with an angel here.”

The deceased, identified Wednesday as 43-year-old Kapahi resident Antonio Torres, was romantically involved with Rapozo’s mother, according to county spokeswoman Mary Daubert. Alleged threats made to the mother and other family members open the door to self-defense and defense-of-others claims, Goo said.

Testimony from police officers and paramedics provided enough evidence to convince substitute Judge Joseph N. Kobayashi, filling in for District Court Judge Trudy Senda, that the burden of probable cause had been reached, according to deputy prosecuting attorney Mauna Kea Trask.

The case will be transferred to 5th Circuit Court, where Rapozo will choose between pleading guilty and not guilty on Oct. 30. Should the case go to trial, he and Goo will have the opportunity to make the self-defense argument before a jury.

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(Source: Kauai Garden Island News)