KAILUA-KONA — A Honaunau man was charged with murder in connection with a Saturday shooting on Painted Church Road in South Kona that left one man dead and two other people injured.
Charges were filed against 49-year-old Brian Lee Smith Tuesday morning. He faces charges of second-degree murder, second-degree attempted murder, first-degree attempted murder, two counts of ownership or possession of a prohibited firearm and two counts of carrying or use of a firearm in the commission of a separate felony.
Responding to a call of a shooting incident on Painted Church Road in Honaunau just before 3 p.m. Saturday, Hawaii Police Department officers confirmed one person dead at the scene. He was later identified as 42-year-old Thomas Ballesteros Jr.
It was also determined two other men were injured, including the possible suspect, later identified as Smith. Both men left the scene before officers arrived and were later located and taken to Kona Community Hospital for treatment of non-life-threatening gunshot injuries. They were later flown to The Queen’s Medical Center on Oahu for further treatment.
Hawaii Police Maj. Robert Wagner confirmed Smith was living in the area of Painted Church Road with a woman at the time of the incident. It has not yet been released how the three men came into contact with each other or what prompted the shooting.
Police reported Monday that Smith was taken into custody by the Honolulu Police Department Criminal Investigation Division just after 6 p.m. Sunday. He remains hospitalized in Honolulu and upon release will be returned to Hawaii Island for his initial court appearance. He remains in police custody and his bail is set at $1.15 million.
Wagner said Smith might be released from the hospital within the next few days, depending on how his treatment goes.
The other man remains hospitalized on Oahu.
Smith has no history of violent crimes, according to court documents. Those show the last charges the 49-year-old faced were traffic-related misdemeanors in 2010. He now faces several felony charges.
If convicted on the murder or attempted murder charges, Smith could face life in prison without the possibility of parole.
An autopsy will be conducted today to determine the exact cause of Ballesteros’ death.
Detectives with the Area II Criminal Investigation Section are continuing to investigate. Police think Smith and Ballesteros were acquaintances.
Anyone who might have information about the incident is asked to call the Police Department’s nonemergency line at 935-3311 or contact Detective Carrie Akina at 326-4646, ext. 277, or carrie.akina@hawaiicounty.gov.
Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.
