EXCLUSIVE: Murder suspect found unfit - Hawaii News Now - KGMB and KHNL

EXCLUSIVE: Murder suspect found unfit

Joseph Tui, Jr. Joseph Tui, Jr.
Kory Young Kory Young
Myles Breiner Myles Breiner
HONOLULU (HawaiiNewsNow) - A former OCCC prisoner accused of killing his cell mate has been found unfit to stand trial. Circuit

Judge Richard Perkins placed 34-year-old Joseph Tui Jr. in the custody of the Hawaii State Hospital in Kaneohe last week and ordered him to undergo more tests in three months.

"Two of his doctors agreed that he was not fit to proceed and that he did not have the mental capacity at this point to go through a trial," said attorney Kory Young.

Tui is accused of killing 76-year-old Cyril Chung, a longtime criminal whose list of charges include robbery and sex assault.

"The court had found that based on his mental condition that (Tui) was a danger to others," Young said.

"That's an individual you need to keep separate especially when he's in an agitated state."

Myles Breiner is Tui's former attorney. He represented Tui back in 2011 when they sued Halawa Prison officials after Tui was severely beaten by prison guards in his cell.

Breiner says Tui has a history of mental problems but after the beating, his behavior became even more bizarre.

"Possibly because of the beating he might have what's called a frontal lobe disorder, brain damage to his frontal lobe that affects his behavior," Breiner said.

For example, a year after the beating Tui was arrested trying to disrupt the shooting of a Hawaii Five-0 episode.

One of the symptoms of frontal lobe disorder is impulsive behavior. Joseph clearly has a problem controlling his behavior."

Doctors now plan to conduct a neurological study to get to the bottom of Tui's mental problems. He'll be re-evaluated in three months again to see if he can stand trial again.

But in the meantime, a new attorney, Andre Wooten, has revived Tui's civil suit against the state, which will attempt to legally connect the prison beating to murder.

"It's very sad, sad that he slipped through the cracks," Breiner said.




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