[420 Girl]

Hawaii - “An Ocean View man convicted of manslaughter for shooting and killing an intruder was sentenced Thursday to 20 years in prison.
Kevin Metcalfe, 49, also received a 20-year sentence for using a firearm in the commission of a separate felony. The terms will run concurrently.
Metcalfe shot and killed 44-year-old Larry Kuahuia at about 10:30 p.m. on May 6, 2009. Police and prosecutors said Kuahuia — whose criminal record included five convictions for felony -burglary and two for felony theft — was on Metcalfe’s property to steal marijuana from a greenhouse….

Deputy Prosecutor Rick Damerville said Metcalfe’s medical marijuana certificate had lapsed when the shooting occurred.
He accused Metcalfe of lying when registering the shotgun by swearing he wasn’t addicted to marijuana or using the drug unlawfully.

“He got a loaded gun, addicted to marijuana, and on the night of May 6, 2009, he had an impairment of his judgment that resulted in the unnecessary killing of a human being,” Damerville said…

Hawaii Tribune-Herald March 26, 2010
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This was without doubt a tragic event that resulted in a fatality. Peaceful Sky Alliance and other community organizations have concerns however that no matter the crime, everyone deserves a fair trial. Here’s a letter to the Editor published last week in Hawaii-Tribune Herald addressing the importance that our prosecutors speak to the facts where marijuana is concerned.

It is with concern that we read on March 26 that Ocean View resident and patient Kevin Metcalfe was sentenced to 20 years for the fatal shooting of a man who appeared to have been attempting to steal medical cannabis plants at Metcalfe’s home. This is a tragic case which underscores the violence and crime that is perpetuated by cannabis prohibition laws. Our sympathies extend to the family of the deceased.

Equally disturbing is the way in which defendants such as Mr. Metcalfe are characterized during trial. At one point, prosecuting attorney Rick Damerville referred to Mr. Metcalfe as being “addicted” to cannabis. There was no basis for that statement. It was insulting and dehumanizing to diminish that person to a repugnant status when there had been no findings to substantiate that claim.

We hope defamation of character and the clinically proven false representations of cannabis will no longer be allowed in court. Using “reefer madness” to argue a point in court no longer works or is acceptable in this day and age.

There are many people in this community who would like to see a more truthful representation of the facts regarding cannabis. And, in court we would like prosecutors who are less sensationalist and harsh in their treatment of people who are entitled to use cannabis to treat medical problems, as recommended by a doctor, and as sanctioned by state law.

Matthew Rifkin
American’s for Safe Access (Big Island Chapter) & member of the Board of Directors of Peaceful Sky Alliance.


http://www.420magazine.com/forums/in...ick-facts.html