State's Case-in-Chief
At trial, Jermaine Beaudoin testified that on the night
of July 30, 2009, he, along with Gamboa, and Powell went in
Gamboa's Lincoln Navigator to Bar Seven7 next to Ala Moana Center
at about 2:15 to 2:30 a.m. Beaudoin estimated that at this point
in the evening, he had consumed between nine to eleven alcoholic
drinks, and that Powell had also been drinking but was not drunk.
At some point, Beaudoin saw Powell talking to DeLeon, whom
Other witnesses, as well as defense counsel and the DPA, referred to this establishment as either Club 7 or Bar Seven. For purposes of consistency, this opinion will use the name "Bar Seven."
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Beaudoin did not know at the time. Powell and DeLeon "got into a
little tussle." Beaudoin intervened and DeLeon began yelling at
him. In response, Beaudoin slapped DeLeon's head with his open
hand, knocking off DeLeon's dark glasses. Beaudoin testified
that he believed that DeLeon then left Bar Seven.
Beaudoin, Powell, and Gamboa then went in Gamboa's
Navigator to Seoul Karaoke at about 3:45 a.m. Powell, Beaudoin,
Gamboa and another acquaintance, Lane Akiona, walked in to Seoul
Karaoke. The group was in Seoul Karaoke for about two to three
minutes, was told that it was closing, and walked out to the car.
According to Beaudoin, as the group walked to the car, someone
yelled at them. Beaudoin stated that he "couldn't make out what
he was yelling at us, but he was yelling something at us. So we
turned around and walked towards the defendant." When Beaudoin
came within about five to ten feet of DeLeon, Beaudoin "noticed
that it was the same guy from Bar 7." At that point, Powell was
closest to DeLeon, and Beaudoin told Powell "that's the guy from
Bar 7[,]" and said "we go." According to Beaudoin, when Powell
reached DeLeon, Powell said, "Everything is cool, everything --
no more problem." Beaudoin described Powell's body language as
"[r]egular, hands down. Everything is cool, misunderstanding or
whatevers." Beaudoin stated that Powell did not look mad and
that Powell was trying to calm the situation. Powell was about
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an "[a]rm's length[]" from DeLeon when DeLeon then "[g]rab[bed]
his gun and started shooting." DeLeon first shot into the ground
two or three times, then shot Powell in the chest. At that
point, Beaudoin was "turning around, trying to get away[,]" and
then DeLeon shot "towards [Beaudoin] in the ground and [shot] at
the vehicle." Beaudoin stated that as DeLeon shot the gun,
Beaudoin was on the ground and "felt the pebbles off the ground
hitting [his] face." Beaudoin testified that the shots were
"[c]ontinuous[]."
On cross-examination, Beaudoin acknowledged that his
July 31, 2009 written statement describing the incident reflected
that DeLeon's first shots were in the air and that his written
statement and his August 5, 2009 grand jury testimony did not
mention that