Defense requests trial for alleged getaway driver in officer-involved shooting in Hilo be moved to October

The attorney representing the alleged getaway driver in an officer-involved shooting in Hilo in March filed a motion asking for a continuance in the upcoming jury trial.

O‘ahu-based attorney Benjamin Lowenthal requested the trial for Silas Zion, currently scheduled for Aug. 4, be moved to Oct. 13.

This request comes 11 days after 3rd Circuit Court Judge Henry Nakamoto granted Lowenthal’s motion to dismiss the two most serious charges: first-degree accomplice to attempted murder, a class A felony, and place to keep pistol or revolver, a class B felony.

Zion, 23, now is facing only two less severe charges: first-degree hindering prosecution, a class C felony, and place to keep ammunition, a misdemeanor offense.

The case stems from a shooting that took place in Hilo on March 14, when Christopher Lucrisia allegedly fired shots at Hawai‘i Island police officers. Lucrisia led them on a three-day manhunt that ended in his death in a shootout with authorities on March 16.

Zion was identified as the driver of his white 2007 Chevrolet Silverado pickup truck, in which Lucrisia was a passenger when he allegedly shot at police.

The incident began when three officers identified Lucrisia as the passenger of the truck. The 39-year-old was wanted on three arrest warrants, a bench warrant and “numerous be-on-the-lookout-for” bulletins for questioning.

The officers followed the truck, which parked in the lot of the First Hawaiian Bank Wāiākea Branch adjacent to the Prince Kūhio Plaza. At that point, reports from police say Lucrisia fired two rounds at a vice officer who was attempting to execute the arrest warrant. The officer was hit in his right forearm and his forehead, with the bullets shattering the driver’s side rear window, according to police.

Lucrisia led police on a three-day manhunt that ended on March 16 in his death, after he again shot at police and the police returned fire.

During a hearing in Hilo’s 3rd Circuit Court on July 17, Lowenthal told the judge there is no probable cause showing that the defendant aided, or agreed to or attempted to aid Lucrisia in the planning or commission of the attempted murder.

Lowenthal also said there was no probable cause showing that the defendant carried or possessed a pistol during the incident.

“Helping a criminal evade law enforcement does not make that person an accomplice after the fact in Hawai‘i,” Lowenthal’s motion stated. “Hindering prosecution is a separate crime altogether.”

Evidence that Zion left the scene after the shooting and was later apprehended in Mountain View goes toward evidence in support to drop the hindering prosecution charge, according to the motion.

“It is not evidence that Mr. Zion left the scene with Mr. Lucrisia after the shooting…” the motion stated.

The court found the prosecutor didn’t present sufficient evidence to establish probable cause for those two charges and dismissed them.

The Hawai‘i County Prosecuting Attorney’s Office filed a motion in opposition to the dismissal of the two charges where they stated that grand jury testimony by officers involved in the incident provided probable cause.

A call to the Hawai‘i County Prosecuting Attorney’s Office was not returned as of press time.

“What happened that day with the officer will not be forgotten, and the community is still absorbing what happened,” Lowenthal said Monday. “When it comes to Mr. Zion, I urge people not to rush to judgment.”

Lowenthal said he was not in a position to comment on the relationship between Zion and Lucrisia, saying this is still an active case.

Zion is out on $100,000 bail as of July 3.