A Kahuku farmer who contends that he shot a man he believed was a thief has been cleared — for now — of a murder charge.

Acting Circuit Judge Hilary Gangnes yesterday granted a defense request to dismiss the charge against Khamxath Baccam because city prosecutors took longer than 180 days to bring the case to trial.

But Gangnes ruled that city prosecutors could reinstate the charge.

City Deputy Prosecutor Russell Uehara acknowledged there were problems with the case, but said his office is considering refiling a murder or a manslaughter charge as well as plea negotiations for the 2004 shooting.

Baccam's attorney, Todd Eddins, said his client was pleased with the dismissal.

"Ideally, the prosecution will determine that the interests of justice do not warrant prosecution of a hard-working, law-abiding American farmer for an act of self-preservation," Eddins said.

Baccam's defense is that he thought he was going to die and fired a shotgun to protect himself from a thief high on crystal methamphetamine.

The 50-year-old farmer was charged with shooting Marcelino Pacheco, 38, whose body was found on Malaekahana Valley Road the morning of Sept. 7, 2004.

Pacheco bled to death from shotgun-pellet wounds in the legs and thigh, but city Deputy Medical Examiner William Goodhue testified at a hearing in 2004 that Pacheco had ice in his system, which contributed to the bleeding.

The case drew sympathy from Kahuku farmers and others who viewed the shooting as a dramatic response to a continuing problem of farm thefts. Hawai'i Farm Bureau officials estimate the losses at millions of dollars a year to thieves who steal crops, equipment and fertilizer.

But law enforcement officials caution that farmers shouldn't take the law in their own hands.

Under the state's speedy-trial law, a defendant must be brought to trial within 180 days of arrest. Delays attributed to defense requests and motions aren't counted in the tally.

Uehara acknowledged that the case took too long to get to trial. He said problems with the prosecution included proceeding with the case without thoroughly checking out the circumstances of Baccam's admission that he shot a man.

Baccam's statements to a retired police officer at the Wahiawa police station were earlier thrown out because the farmer was not warned about his rights against self-incrimination, according to Uehara.

In addition, the formal charge identified the dead man as Marcelino Pacheco Jr. when he was not actually a junior, Uehara said.

"We want to thoroughly investigate the case before we decide what charge or charges (to refile)," he said.

Meanwhile, Baccam, who has been free on $25,000 bail, continues to work at his 13-acre leased farm in Kahuku, Eddins said.

"They're about ready to harvest a crop of tomatoes," Eddins said.

Eddins called the shooting "a textbook case of self-defense."

"We feel quite confident of prevailing at trial should he be recharged," he said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.