KEALAKEKUA — An attempt to have charges thrown out against the police officer accused of assaulting his 72-year-old upstairs neighbor in the Kalanikai condominium complex in Kona was unsuccessful Thursday.
Jami Harper, 39, of Kailua-Kona, a police officer, was arrested on Jan. 27, five days after he was accused of fighting with his neighbor. The fight sent both men to the hospital, Harper for an undisclosed medical condition.
Harper’s attorney, Michael Schlueter, filed a motion to disqualify the Prosecutor’s Office, citing the personal and professional ties that developed between Harper and the members of that office.
Third Circuit Court Judge Ronald Ibarra dismissed the motion. He reasoned that there had been no complaints of wrongdoing or impropriety in the case, and that the relationship between Harper and the prosecutors was as a witness in their cases.
Harper is accused of going up to his neighbor’s apartment, arguing with him and starting a fight.
The victim suffered a broken nose, a cut above his right eye that needed six stitches, bruising to his right eye and bruising to his arm.
Harper suffered an abrasion on his right forearm.
During the preliminary hearing, Harper testified he went upstairs as a result of loud noise about 11 p.m. While at the door the man grabbed at him, he said, and that’s what led him to take the man to the ground and restrain him, as his training dictated. He also called for police and an ambulance.
Harper’s trial date remains July 26.