Man pleads no contest to murder in Foodland stabbing
Prosecution agrees to recommend life with parole
WAILUKU — A Kahului man pleaded no contest Wednesday to murder and other charges in connection with the fatal stabbing of his estranged wife at the Foodland Kehalani store.
Stephen B. Schmidt, 47, changed his pleas as part of a deal with the prosecution recommending he be sentenced to concurrent terms of life in prison with the possibility of parole.
Originally charged with first-degree murder, he pleaded no contest to a reduced charge of second-degree murder in the killing of 24-year-old Kehau Farias Schmidt.
Witnesses reported Schmidt slit her throat while she was shopping at the Foodland store with a friend April 19, 2016.
He also pleaded no contest to attempted second-degree murder of James Reeves II, who was stabbed while trying to stop the attack, and to a reduced charge of first-degree assault of Scott Spencer “Kip” Stolsig, who also was stabbed while intervening.
In exchange for Schmidt’s pleas, the prosecution agreed to dismiss two other charges of attempted first-degree murder and first-degree terroristic threatening. The prosecution also agreed to dismiss another criminal case charging Schmidt with violating a court order for protection obtained by Farias Schmidt.
During the change-of-plea hearing Wednesday afternoon, 2nd Circuit Judge Peter Cahill said the law requires that Schmidt be sentenced to life in prison with the possibility of parole on the murder and attempted murder charges. The first-degree assault charge carries a penalty of up to 10 years in prison.
Cahill said the court wasn’t required to
follow the plea agreement between the defense and prosecution recommending concurrent sentencing.
“There’s always the potential the court could impose consecutive sentences,” Cahill said.
He said the Hawaii Paroling Authority would determine how much of the prison term Schmidt would have to serve before being eligible for parole.
After questioning Schmidt, Cahill found the defendant entered the no-contest pleas voluntarily.
“He’s had an opportunity over the last two years to review the evidence that the state has presented by way of discovery,” Cahill said. “He’s also
had an opportunity to explore all issues as well as potential defenses. He understands that he does have a right to demand that the state prove every allegation and every charge against him beyond a reasonable doubt to either a jury or judge.
“He’s voluntarily, freely and knowingly given up that right to go to trial.”
Cahill called off a trial for Schmidt that had been scheduled to begin with jury selection Sept. 17.
The judge set aside two hours for Schmidt’s sentencing Dec. 20.
Schmidt is being held without bail at the Maui Community Correctional Center..