KAILUA-KONA— Prison is no longer a required part of any potential sentence for an off-duty police officer accused of assaulting his 72-year-old upstairs neighbor following a judge’s ruling Thursday on a defense motion.
Jami Harper, 39, of Kailua-Kona, allegedly injured the man who lived above him in the Kalanikai apartment complex on the night of Jan. 22 after a confrontation, which police said involved alcohol and sent both men to the hospital.
The motion by defense attorney Jason Kwiat was to dismiss the case, a charge of second-degree assault on a person 60 years old or older. That charge included a mandatory 20 months in prison, said Kwiat.
The judge granted in part the request.
There was no probable cause filed by the prosecution showing that the victim was at least 60 years old, 3rd Circuit Court Judge Ronald Ibarra ruled, dismissing the enhanced part of the charge that specified the age threshold of 60 years old or older.
A standard charge of second-degree assault proceeds against Harper. As a class C felony, the maximum term of imprisonment is five years. However, the amount of time would be set by the Hawaii Paroling Authority.
The trial is scheduled for July 26.