A former boyfriend of murder victim Kaycee Smith testified Wednesday in Hilo Circuit Court that he turned down an offer by defendant Patricia Wong of $10,000 and a .38 Special revolver to kill Smith.
Frank Costa, a rodeo cowboy who said he met Smith through rodeo, said under direct examination by Deputy Prosecutor Annaliese Wolf that Wong made the offer at a brief meeting at Mountain View Gym.
He said the meeting took place a couple of months before the 21-year-old Smith was discovered shot to death on June 30, 2009, at the rented Orchidland home she and Costa once shared.
The 61-year-old Wong is charged with second-degree murder, two counts of solicitation of second-degree murder, attempted second-degree murder and criminal conspiracy to commit second-degree murder.
According to prosecutors, Wong killed Smith — whom she referred to as her hanai daughter — to gain control of a sizable life insurance inheritance Smith received after the 2007 death of her father, Noel “Bear” Smith.
Prosecutors have said Smith’s inheritance was $277,000, but Costa testified on the witness stand the inheritance was $250,000.
Costa told the jury he called Wong to ask for money to pay bills because his right hand needed tendon surgery, and he was unable to work. According to Costa, Wong asked him to come alone to the Mountain View Gym meeting, but he had his girlfriend, Shannon Subica, lie down in the back of his truck as he met Wong, “because something was up.”
“She offered me $10,000 and a .38 Special to kill Kaycee Smith,” Costa said, referring to Wong.
“What was your reaction to that?” asked Wolf.
“No,” Costa replied.
“Were you surprised?” Wolf asked.
“I was shocked,” Costa answered. He added he didn’t take Wong’s request seriously, “because I didn’t think she’d do it.”
Costa also told jurors that prior to talking to police detectives on July 1, 2009, the day after Smith’s slaying, he went to the Panaewa home of Wong’s daughter, Denicia Derasin, at Wong’s request.
“Patricia was telling me, ‘If you get rid of the evidence, get rid of the gun, they’ll never find out who killed Kaycee,’” Costa said.
Smith’s body was found on a couch in the living room with a single gunshot wound to the head and a Browning Hi-Power 9mm semiautomatic pistol and a single spent bullet casing on the floor nearby.
During cross-examination, the exchange became contentious between Costa and Wong’s attorney, Aaron Wills.
Wills said transcripts of Costa’s July 1, 2009, interview by police had no record of the Mountain View Gym meeting where Costa testified Wong offered him money and a handgun to kill Smith.
“Why didn’t you tell the truth in 2009?” Wills asked.
“I did tell them the truth in 2009,” Costa replied.
“So, you had more of the truth to tell after 10 years?”
“It was out.”
“What was out?”
“What I said in my statement. You guys have a copy of all my statements,” Costa said.
“We do,” Wills replied, his voice rising. “And you never said anything to the police about this Mountain View incident in 2009. Not once.”
“OK.”
“But 10 years later, you make another statement to the police about it. And this time, you said Patricia Wong offered you a .38 and $10,000. But you never saw the $10,000. You never saw the .38. And after 10 years, all of a sudden, you have this new information. Correct?”
“Yes,” Costa shouted.
“No further questions, Your Honor,” Wills concluded.
Earlier in the day, prior to the jury’s presence in court, Wolf requested a bench warrant requiring Subica to appear in court.
Gene Rynkewicz, an investigator in the prosecutor’s office, testified he had served a subpoena on Subica for her testimony. However, according to Wolf, Subica didn’t comply with the subpoena.
Hilo Circuit Judge Henry Nakamoto authorized the warrant and set Subica’s bail at $500.
Trial is scheduled to resume at 9 a.m. Monday in Nakamoto’s courtroom.
Email John Burnett at jburnett@hawaiitribune-herald.com.
