NANAKULI, OAHU (HawaiiNewsNow) - The man accused of slashing his wife's throat in a Maui supermarket was arrested after a shooting in 1991, but was never brought to trial.
Schmidt was accused of threatening a man and firing shots in the middle of the day at a shopping mall in Nanakuli, according to a heavily-redacted 21-page Honolulu Police Department document.
According to the report from the Feb. 28, 1991 incident, Schmidt pulled out a gun, stuck it in a man's face and said, "Leave me alone or I will blow you away." After a brief struggle, the victim said Schmidt pointed the gun at him again, raised it above his head and fired twice.
Documents show Schmidt turned himself in the next day and he was arrested for attempted murder, terroristic threatening, and reckless endangerment. He was released the next day.
In 1994, the Honolulu Police Department changed the case from attempted murder to a second-degree assault with no explanation.
The final document said, "Per Section 701-108 of the Hawaii Revised Statutes, prosecution for any other felony (except for murder, attempted murder, and class A felonies) must be commenced within three years after it is committed."
A spokesman for the city prosecutor's office said they don't have any record of the 1991 incident.
Victor Bakke, a former deputy prosecutor who is now a criminal defense attorney, said the statutes of limitations ran out for the second-degree case after three years and by law, the case was forced to close.
"It was either an accident or it was done on purpose," Bakke said.
"Basically, he committed what looks like a horrible offense, and the police either hid it or dropped the ball completely on it and the public is suffered because of it," he said.
The maximum sentence for attempted murder is life in prison with the possibility of parole.
Bakke said if police did their job, the Schmidt's estranged wife might still be alive. In April, police say, Schmidt slashed his Kehau Farias Schmidt's throat in the Kehalani Foodland. Two good Samaritans were also injured.
"The sad thing this is if this was an attempted murder, this guy could have been prosecuted, he could have been in prison, and none of this stuff would have happened," Bakke said.
Meanwhile, Schmidt's former roommate from the 1990s said Schmidt was also accused of stabbing his girlfriend back then.
The roommate said HPD officers showed up at their Nanakuli home searching for evidence. That case was never prosecuted either.
Schmidt is currently behind bars on Maui. His bail has been revoked.