FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO.
T. Park for Defendant-Appellant.
Stephen K. Tsushima Deputy Prosecutingy Attorney City and
County of Honolulu for Plaintiff-Appellee.
NAKAMURA, CHIEF JUDGE, AND FUJISE AND CHAN, JJ.
State of Hawai'i (State) charged Defendant-Appellant
Kevin T. Wilson (Wilson) with first-degree terroristic
threatening for committing terroristic threatening with the
use of a dangerous weapon. The charge arose from an incident
in which Wilson allegedly threatened to kill the complaining
witness (CW), his then girlfriend, and lunged toward her
while holding a knife. After a jury-waived bench trial, the
Circuit Court of the First Circuit (Circuit
Court) found Wilson guilty as charged. The
Circuit Court sentenced Wilson to five years of
appeal, Wilson contends that: (1) the Circuit Court erred in
admitting evidence which he claims was obtained as the result
of an illegal search of his residence and his illegal arrest;
and (2) without admission of the excludable evidence, there
was insufficient evidence to support a guilty verdict, and
therefore, his retrial should be barred by double jeopardy.
We affirm Wilson's conviction and sentence.
State presented the following evidence at trial.
response to a 911 call, Honolulu Police Department Officers
Douglas Dunkirk, Kendrick Noda, and Jason Akiona were
dispatched during the evening to a residence in Kahalu'u.
The officers were aware that a third party had reported an
argument between a male and female at that location, and that
the female had called the third party saying that she was
scared. After the initial 911 call, the officers received
several updates from dispatch. The officers were informed
that a male and female were arguing, the female was afraid, a
knife was involved in the argument, and that the male had the
arriving at the residence, Officers Dunkirk and Noda
approached the front of the house while Officer Akiona went
to the back door. All the officers were wearing their police
uniforms. The front door to the residence was open and the
screen door was closed. As they approached the front door,
Officers Dunkirk and Noda could see Wilson in the house. The
officers announced their presence and asked Wilson to step
outside. Wilson refused and told the officer to "get the
fuck away from my house." Officer Noda opened the screen
door and directed Wilson to come out. Wilson complied, but
continued to argue with the officers. Officer Dunkirk
conducted a pat down of Wilson for weapons. No weapons were
found, but Wilson remained agitated and continued to curse at
as Officer Akiona was making his way to the back of the
house, he could hear a female crying. When he reached the
back door, Officer Akiona could still hear the female crying.
He called out to the female to try to get her to come to him,
but received no response. After determining that Wilson was
out of the house, Officer Akiona entered the house through
the back door. Upon entering, he continued calling out to the
female, saying "police . . . where are you?"
Officer Akiona heard crying and sobbing, but did not receive
a response to his calls. Officer Akiona followed the sounds
he heard to a locked door in a hallway. He knocked on the
door, announced "police, " and said, "it's
okay, you can open the door."
point, the CW, holding a baby, opened the door and came out
of the bathroom; "[s]he was crying, she was afraid, she
was shaken." The CW appeared to be "very
scared" and was unable to speak in full sentences.
Akiona testified that when he entered the house, he did not
have a search warrant or prior permission to enter. Officer
Akiona explained that he entered the house without a warrant
based on the following circumstances: The police had received
a call that a female was possibly being harmed by a male,
that a knife was involved, and "[n]ormally when someone
says they're going to harm someone and they have a knife,
we tend to think that there might be some type of injury that
could occur." From his training and experience, Officer
Akiona was aware that a search warrant takes over six hours
to obtain. When the officers arrived at the residence, they
observed the male, but not the female. Officer Akiona could
hear crying from a female, but she did not respond to his
call. Officer Akiona testified that he believed these
circumstances constituted "exigent circumstances"
which required him "to make entry to insure the safety
of the female and the child." Officer Akiona related
that "[i]n a situation where there's possible
domestic violence and someone says they're about to be
stabbed, " immediate action is necessary to "insure
the safety and well-being of [the potential victim]."
the officers spoke with the CW, Officer Noda located the
weapons that the CW said were used during the argument, a
knife and tire iron,  in the garage on top of a freezer. Officer
Noda initially observed these items while standing outside
the garage, and Officer Akiona recovered the weapons and
submitted them into evidence.
testified that at the time of the charged incident, she had
been Wilson's girlfriend for three years. They had lived
together on the mainland and in Hawai'i and were the
parents of an 18-month-old boy. The CW testified that their
relationship ended on the day of the charged incident and
they were no longer together.
.to the CW, on the evening in question, she returned home
with her son after visiting her mother in the hospital.
Wilson was "sprawled out" on their bed and smelled
of alcohol. The CW put her son, who had fallen asleep, on the
bed next to Wilson and went back outside. There were two cars
parked outside, both owned by the CW: a white SUV, which the
CW drove, . and a Lexus sedan, which Wilson drove. The CW
opened the door of the Lexus sedan and saw an empty condom
wrapper on the floor. The CW thought "not again" as
the condom wrapper was not the brand that they used.
confronted Wilson with the condom wrapper, and she told
Wilson that he would need to find another place to stay and
that she would be selling the Lexus sedan. Wilson replied,
"kay, whatevers, I'm going back to bed." The
CW proceeded to post the Lexus sedan for sale on craigslist.
She received immediate responses and made arrangements to
show the car to a prospective buyer that evening. The CW left
the house driving the Lexus sedan and also took Wilson's
way to meeting with the prospective buyer, the CW stopped at
the 7-Eleven in Kahalu'u to clean out the car. As she was
cleaning the car, the CW received a call from Wilson, who was
angry. Wilson said, "[B]itch, where's my
motherfucking car .... [Y]ou better get home . . . I'll
kill you and I'll tear up this house and destroy the
house and destroy your car." The CW was "very