Man acquitted of felony abuse charge in an argument

WAILUKU — A Makawao man who testified he was trying to keep his then-girlfriend from hitting him during an argument has been found not guilty of abusing her.

A 2nd Circuit Court jury returned the verdict Aug. 4, acquitting Lyle Aiwohi, 34, of a charge of felony abuse by strangulation.

“We want to thank the jury for taking their job seriously and looking at this case for what it was,” said Deputy Public Defender Ben Lowenthal. “This is our system and this is how it works. Today was an example of our system working.”

Aiwohi’s girlfriend testified they argued over finances when she got home from work the evening of Sept. 23, 2020, and she went into the bedroom while he stayed in the living room. The argument continued through an exchange of text messages before she went back into the living room to talk to him.

She said Aiwohi grabbed her by her right arm and pulled her down to the ground. “Then he started choking me from behind,” she said. “I was just trying to get out of it. I tucked my chin in. He was standing behind me.”

She said the choking lasted from 30 seconds to a minute before “I was able to reach back with my left hand and I was able to grab his testicles and squeeze them.”

She called 911 and went into the bathroom.

Aiwohi, testifying in his defense, said his girlfriend began hitting him when she came out of the bedroom. He said he kept telling her to stop and she continued flailing as he held her under his arm before they both fell down.

While she estimated the pressure of him squeezing her neck at a 10 on a scale of 1 to 10, she said she had no trouble speaking or swallowing.

Under cross-examination by Lowenthal, she acknowledged that she didn’t want to be in court and didn’t want the case prosecuted.

Deputy Prosecutor Anthony Herndon said, “We were disappointed in the result, but respect the jury’s decision in this case, and we will remain steadfast in prosecuting cases we believe in.”

Judge Adrianne Heely presided over the trial.