UPDATED MEDIA RELEASE (11/21/09)

Richard Justin McNeely

Big Island detectives have charged a 34-year-old man who was shot by a homeowner after breaking into a Ka’Å« home Thursday (November 19).

His identity, previously reported as Justin Michaels, has been confirmed as Richard Justin McNeely. He was charged Saturday (November 21) with first-degree burglary, first-degree unauthorized entry into a dwelling, phone ripping and two counts of second-degree terroristic threatening. His bail was set at $10,000. He was also charged with contempt of court for an unrelated case, with an additional $300 bail.

The homeowner, 45-year-old John Fitzsimmons, has been released from police custody while detectives continue their investigation.

Police dispatched to the Hawaiian Ocean View Estates subdivision around 10 p.m. Thursday determined that Fitzsimmons had been sleeping in his home on King Kamehameha Boulevard when McNeely, who is an acquaintance, climbed through a living room window, entered the bedroom and punched him several times while he lay in bed.

McNeely, then exited the house. When he tried to re-enter through the front door, Fitzsimmons fired two shots, hitting McNeely once in the left upper thigh.

McNeely, who has no permanent address, was treated for a bullet wound to his left leg at Kona Community Hospital and then released.

Fitzsimmons did not require any medical attention for his injuries. He was arrested at the scene for assault but released Friday afternoon (November 20) pending further investigation.

McNeely was unable to post bail and remains in custody at the Kealakehe Police cellblock pending his initial court appearance Monday.

MEDIA RELEASE (11/20/09)

Big Island detectives are investigating a shooting incident in Ka‘ū that took place Thursday evening (November 19) around 10 p.m.

Police dispatched to the Hawaiian Ocean View Estates subdivision determined that 45-year-old John Fitzsimmons had been sleeping in his home on King Kamehameha Boulevard when an acquaintance climbed through a living room window, entered the bedroom and punched him several times while he lay in bed.

The assailant, 34-year-old Justin Michaels of no permanent address, then exited the house. When he tried to re-enter through the front door, Fitzsimmons fired two shots, hitting Michaels once in the left upper thigh.

Michaels was treated for a bullet wound to his left leg at Kona Community Hospital and then released. Fitzsimmons did not require any medical attention for his injuries.

Michaels was initially arrested for burglary and Fitzsimmons for assault.

Both men are in police custody at the Kealakehe Police cellblock pending possible charges as detectives from the Area II Criminal Investigations Section continue the investigation.