THE jurors will continue their deliberations today in the jury trial of Calvin Tagabuel, who is charged with second-degree murder.
The trial, which started on Feb. 11, is presided over by Superior Court Judge Joseph N. Camacho.
Tagabuel, 48, is accused of causing Lark Kasian’s death by delivering a single punch to Kasian’s face, rendering him unconscious and causing him to fall on the concrete floor at Cool Laundry in Kagman, where he struck the back of his head. Kasian was 44 years old.
On Friday, the prosecution and the defense delivered their closing arguments.
Tagabuel, who appeared in the custody of the Department of Corrections, is represented by attorney Joey McDoulett, while the prosecution is led by Chief Prosecutor Chester Hinds and Assistant Attorney General Heather Barcinas.
Hinds told the jurors: “Make no mistake, the defendant punched Lark with the intent to harm. The defendant punched Lark recklessly with extreme disregard for human life and then not getting help was also extreme disregard for human life.”
“The defendant wanted to harm someone and did something dangerously without caring for the serious risk it would cost Lark…. He acted carelessly and thoughtlessly … knowing his action could hurt or even kill someone,” Hinds said.
“He [Tagabuel] wanted to hurt Lark … you don’t punch somebody unless you want to hurt,” the prosecutor added.
Dispelling the defense’s theory of prior altercation before the punching incident, Hinds said, “No one can walk around with a skull fracture.”
Addressing the jurors, McDoulett said it is their duty to find flaws in the prosecution’s case.
McDoulett said the prosecution did not include the prior altercation Kasian was involved in during their investigation until the defense brought it to light at the jury trial.
He reiterated that his client’s action “was not the cause of Lark Kasian’s injury, and Calvin Tagabuel acted in self-defense.”
“For some reason,” he said, “the prosecution is working on a mistaken understanding … that if you are confronted with a threat of somebody’s fist, that you have to measure the amount that you’re going to use when you throw your fist … that is not what unreasonable force is,” McDoulett said.
“If Lark Kasian is coming after Calvin Tagabuel with his fist, Tagabuel cannot use guns or knife, that would be unreasonable. But he can respond with force that he is confronted with … you don’t wind up and measure and recalibrate before you throw a punch,” McDoulett added.
He said the charge against his client involves “taking an act knowing that it will have a high degree of causing death — not injury, but death.”
“What did Calvin know? He knew that [Kasian was] approaching to punch somebody. What rational person thinks that one punch can kill somebody? He punched Lark Kasian on the chin not in the eye. He didn’t punch him on the top of the head. How could he ever thought that he had the power to kill somebody in one punch?” the defense attorney asked.
Judge Camacho, for his part, instructed the jury to include the lesser included offense of aggravated assault and battery in their deliberations.
Besides Tagabuel, the defense also presented testimony from DPS Detective Shannon Dela Cruz, Dr. Danielle Livingstone, a diagnostic radiologist at the Commonwealth Health Center, Lydia Bokuku, a Cool Laundry customer, and David Babauta.
The prosecution called 14 witnesses: George Babauta, DPS officer; Joseph Cing, EMT; Mary Louise Tanaka, DPS evidence custodian and crime scene technician; Shannon Dela Cruz, DPS detective; MD Jakir Hossain, Cool Laundry security guard; Krizel Macaspac and Marites Cadag, Cool Laundry cashiers; David Norita and Todson Sachuo; Ricky Jones; Shanalyn Williams; Dr. Rodney H. Klassen, ER physician; Dr. John M. Yarofalir, CHCC general surgeon; and Dr. Philip Dauterman, CHCC pathologist.
The jury was sent home at 5:20 p.m. on Friday and was ordered to return to court on today at 8:30 a.m. to continue deliberations.
