The suspect in an alleged road rage shooting appeared in court on Tuesday, March 7, on charges of second-degree murder and three firearms offenses.
Darryl Freeman, 72, is accused of shooting and killing Keenyn Pahio, 31, on Saturday after the two drivers got into an argument in front of Aiea Shopping Center.
His attorney entered a plea of not guilty and Freeman’s bail was confirmed at $2 million.
Freeman was indicted by an Oahu grand jury on those charges Thursday, March 9.
In a subsequent court appearance via teleconference from Oahu Community Correctional Center on Thursday, March 16, Freeman entered a not guilty plea and his trial was scheduled for the week of May 15.
Meanwhile, newly released documents include witness accounts of what allegedly occurred that day.
Several witnesses reported to police that they saw Pahio standing outside the driver’s door of a van on Moanalua Road, near the Aiea Heights Drive intersection.
One witness said Pahio appeared to be yelling at the van’s driver, who police later identified as Freeman. According to court documents, the witness saw Pahio “making hand motions while talking” but “did not see Pahio’s hand enter the van through the van’s driver window,” though another witness claimed to see Pahio “throwing punches into the van.”
A witness said shortly thereafter a black handgun “was pointed out the window and it shot the man once in the head.”
The van was allegedly stopped at a red light and, the witness “believed that the driver of the van then drove away after the traffic signal light turned green.”
According to court documents, police traced the van’s license number and driver description back to Freeman. Officers were dispatched to his home, spotted the van in the driveway, and handcuffed Freeman. He was identified by several witnesses and placed under arrest without incident.
One officer noted, “He did not have any visible injuries, nor did he complain of any.”
Freeman’s attorney, Rustam Barbee, previously told us he expects to build a case around self-defense.
“Mr. Freeman, I believe since Saturday, has perhaps suffered a concussion or head injury, which may affect his mood at this point,” he said.
We took the documents to University of Hawaii law professor Ken Lawson, who is not connected to the case.
“He may come out with some magic out of his hat, but from what we know right now, no, it’s not self defense,” Lawson said. “The law would rather see you run than resort to deadly force, so if you can get away, the law says you’ve got to go before you can use deadly force.”
Click on the following for more information on each type of offense:
- HRS 707-701.5 Murder in the second degree
- HRS 134-25 Place to keep pistol or revolver
- HRS 134-7(b) Ownership or possession prohibited felon
- HRS 134-21 Carrying firearm in commission of separate felony