HONOLULU (KHON2) — There have been eight fires in Kunia since Aug. 11, and the Honolulu Fire Department said they believe two fires were intentionally set.
HFD said the fire on Tuesday, Aug. 19, which impacted 250 acres of ag land parcels and caused evacuations of nearby areas, and the fire that was started on Saturday, Aug. 23, were both classified as incendiary.
HPD was on the lookout for a gold Dodge Ram pickup truck with pinstripes on the front hood. Officers eventually found the vehicle in Haleiwa where fire crews were responding to another blaze.
They later arrested a 70-year-old man for Arson in the first degree.
Although the suspect’s vehicle was seen in Kunia when the fire started, and again at a fire miles away in Haleiwa, lawyers say, historically, arson cases are difficult to prove.
“You need to be able to prove that he is the one that set the fire to the property, and without direct evidence, in other words, someone saying they saw him light a match, or they saw him with a lighter touch, the ground, pour gasoline, or something to that effect, we don’t typically have direct evidence proving that someone started the fire,” explained attorney Megan Kau, who has no relation to the case.
She said being at the scene of a crime, even if it’s on the same day or multiple days, isn’t enough to prove beyond a reasonable doubt that he intentionally or knowingly set the fire.
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“If no one can prove that the fire started before he was there, that’s going to be his defense. ‘I didn’t start the fire, I was attracted to it because I saw the fire, I drove up to it, I watched it, but I did not start it,” she continued.
Court documents show the suspect had a lot at Kunia Farmlots back in 2019, and he filed a TRO against a neighbor in a lot next door. KHON2 reached out to the association to see if he still had a lot in Kunia, but did not hear back.
“If we do have that type of circumstantial evidence to prove a motive, now, if the government believes it can prove its case beyond a reasonable doubt, this suspect will be charged with arson,” she continued.
She also said it matters how much the property is worth.
“More than $500, more than $1,500 or more than $20,000 and the government also has to prove that he knew that the property was of that value or more. And so if the government can prove that there’s some type of relationship with the people that own the property, and there’s some type of background information to show circumstantial evidence to prove he intentionally or knowingly set property, set fire to this property and that he knew what the property’s value was, then the government can charge him with arson. That’s a lot,” Kau continued.
She said he can still be charged in the future if witnesses come forward with additional evidence to the police.