Press Release-Costa Verdict.pdf - County of Kauai

Craig A. De Costa
Prosecuting Attorney
Deputy Prosecuting Attorneys
Simeona L. L. Ahuna
Christopher R. Bridges
Paul D. Eisner
Marc E. Guyot
OFFICE OF THE PROSECUTING ATTORNEY
COUNTY OF KAUAI, STATE OF HAWAII
3990 KAANA STREET, SUITE 210
LIHUE, HAWAII 96766
TELEPHONE (808) 241-1888
FAX (808) 241-1758
EMAIL prosecutor@kauai.gov
Richard K. Minatoya
First Deputy
Jennifer S. Winn
Second Deputy
Deputy Prosecuting Attorneys
Tracy Murakami
Ken A. Norelli
Lawrence S. Strauss
April 27, 2006
To:
From:
Media Outlets
Craig A. De Costa
PRESS RELEASE
A jury found Richard Costa, 37, of Kalaheo, guilty as charged of Murder in the Second
Degree on Monday, April 24, 2006. The jury returned its verdict after hearing from twenty
witnesses over four days and deliberating for less than two hours. Costa, who has remained in
custody since police arrested him in January 2005, is facing a sentence of life in prison with the
possibility of parole. Judge Kathleen N.A. Watanabe will deliver that sentence on May 25,
2006.
Costa was convicted of intentionally or knowingly causing the death of eighteen-year-old
Weslyn Jerves at Glass Beach on January 13, 2005. Costa initially denied taking Jerves to Glass
Beach when first interviewed by police on the evening of January 13, 2005. When questioned
again a few days later Costa continued to deny his involvement, then admitted taking Jerves to
Glass Beach but claimed he beat her and left her there but did not kill her. When confronted
with the reality that physical evidence obtained by Detectives would prove that Jerves was dead
when someone ran over her leg with a car and that the tire mark would probably match the car

Costa was driving, Costa finally admitted to stabbing her but claimed he acted self-defense and
that some wounds may have been accidental.
At trial, the tape recorded statements of Costa to the police were played for the jury.
Prosecutors also presented evidence that Costa was the last person to see Jerves alive, that DNA
belonging to Jerves was recovered from the car Costa was driving on January 13, 2005 and that
the tire design from that car matched a mark made on her body after she was dead. Dr. Anthony
Manoukian, Detectives Samual Sheldon, Joseph Adric and Marvin Rivera testified regarding the
physical evidence and injuries observed on Jerves including defensive wounds to her hands and
arms, seven stab wounds to the back, at least two stab wounds to the neck and a stab wound to
the chest, which did not support a claim self-defense.
At trial, Costa’s attorney argued that if Costa did not act in self-defense, then Costa
should be found Not Guilty by reason of physical or mental disease, defect or disorder, or that he
was suffering from extreme mental or emotional disturbance at the time. Costa testified in his
defense and called a psychologist who testified that in his opinion, Costa suffered from Major
Depressive Disorder and Acute Stress Disorder and, as a result, his ability to conform his
conduct to the law was substantially impaired.
The State called a psychologist and a psychiatrist who testified that in their opinions the
defendant did not suffer from a Major Depressive Disorder but suffered from an Adjustment
Disorder with Depressed Mood due to stress. They also stated that Costa’s ability to conform his
conduct to the law and appreciate the wrongfulness of his conduct were not substantially
impaired on January 13, 2005.
By reaching a verdict of guilty as charged to Murder in the Second Degree, the jury
unanimously rejected Costa’s claims of self-defense, physical or mental disorder, and that he
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acted while under extreme mental or emotional disturbance. Prosecuting Attorney Craig A. De
Costa and Deputy Prosecuting Attorney Jennifer Winn represented the State at the trial that
commenced on Monday, April 17, 2006. Court-appointed attorney Warren Perry represents
Costa.
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