The man accused of firing the shot has been set free because of an evidence dispute at the grand jury. The judge ruled there was insufficient evidence.
"There was no evidence that a gun was actually fired. There was no evidence that the individual who was charged, was the person at the scene in that video, and more importantly, there was no evidence presented to the grand jury that someone had died," said defense attorney Bill Harrison.
Surveillance video from a business on Waterhouse Street shows exactly what happened before Kyen Knowles, 36, was crushed under his own car.
Prosecutors said the man walking up in the white tanktop is Brandon Reis, 33.
Police said he pulled a gun out of his bag, aimed and fired at Knowles. Knowles opened his door and fell under the wheels.
Police found a 22-caliber casing at the scene.
However, the Honolulu Medical Examiner ruled Knowles did not die from a gunshot wound but from suffocation.
The video shows the man in white walk around the vehicle, then look at Knowles, then jog off.
Harrison said the video is not enough to prove attempted murder.
"They missed important elements at a grand jury and as I said ... it's fairly easy to get an indictment. You don't have to prove the high standard beyond a reasonable doubt, just reasonable suspicion that this person committed a crime," Harrison said.
The judge ruled a police detective narrated the video and added details about the suspect and the gun. Charges were dismissed on July 7 and Reis' $1 million bail was reduced to $125,000. Reis was released.
The victim's family members are devastated.
"Angry, really angry. Really hurt because I thought they were gonna keep this guy off of the street. Because if he does this, there's a potential that he could do it again," said the victim's father, Alan Knowles.
"They need to find him. They need to make him pay. We want justice," said the victim's girlfriend, Evette Lopes.
Last Thursday, new attempted murder charges were filed against Reis and a $1 million warrant went out for his arrest, but so far he has not been arrested. His attorney, Kieth Shigetomi, said he does not know where his client is.
"Mistakes were made here unfortunately. And this individual, properly so, should not have to face the charges based on that indictment," Harrison said.
Lopes added, "Man up. Take responsibility for taking an innocent man's life over nothing."
The prosecutor says he disagrees with the court's ruling, but respects it.
If Reis is re-arrested they will have another chance to prove attempted murder.