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SALT LAKE CITY — A Kearns man who believed his uncle was abusing his daughters was ordered Thursday to stand trial in connection with the death of one uncle and the beating of another.
Kenneth Toso Tupea, 32, has been charged with manslaughter, a second-degree felony, and aggravated assault with a deadly weapon, a third-degree felony, in connection with the death of his 65-year-old uncle, Joseph Hewitt, and the beating of another uncle, who was 69-years-old at the time, with a cane. He became violent with the men in a July 1 fight at a home in West Valley City.
Third District Judge L.A. Dever ordered that Tupea stand trial on both counts. According to a police officer that interviewed the man soon after the two uncles were taken to the hospital, Tupea believed his uncles were abusing his daughters.
"He came to his father's home and entered the residence," West Valley police detective Larry Marx testified. "The uncle, Joseph, said ‘What's up?' and that angered him and so he pushed out his hands, his uncle down the stairs."
He testified that Tupea then picked up a cane and beat another uncle with it, causing cuts above his eye and on his forehead that would later require stitches.
"It was a cane with four small rubber coated feet and he had been struck with the cane. … It could be used as a club," Marx said.
Hewitt was found by police at the bottom of a flight of stairs, bleeding and unconscious, Marx said. He died of an intercranial bleed two days after the incident.
Marx said Tupea admitted his actions later in a police interview.
During cross-examination, Marx confirmed a number of questions from Tupea's attorney, including the fact that Tupea was having "religious issues" that led him to believe that he was sent by God to "protect the nation from secret combinations" and that if his daughters were baptized, they would die.
Marx testified that Tupea told him that he had been treated for bipolar disorder before and had stopped taking his medications, but while the man would sometimes ramble and lose focus, he seemed to be aware of what he had done.
"He said he was sorry for what he had done," Marx said. "That maybe he did want to hurt him, but he didn't want to kill him."
Defense attorney Adam Elmore asked that the judge consider a lesser, alternative charge of criminal homicide by assault on the basis that Tupea hadn't meant to kill anyone.
"His intent was to do what he had done to the other uncle, assault him," Elmore said, "not recklessly push and kill him."
Dever said that could be determined by a judge at the trial level.
Tupea will appear in court for an arraignment Jan. 24.
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E-mail: emorgan@desnews.com
