Hawai’i Police Department
Criminal Investigations Section, Area II
Detective Walter Ah Mow
Phone: 326-4646, Ext. 266
November 21, 2009
Report No. C09033477
Media Release (update)
Big Island detectives have charged a 34-year-old man who was shot by a homeowner after breaking into a Ka’ū 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.