KEALAKEKUA — A former Big Island police officer accused of beating a man in 2014 in Ka’u pleaded not guilty to a felony assault charge on Tuesday.
Michael Dubberstein entered the plea to first-degree assault through his attorney Robert Kim, who made a special appearance on behalf of Brian J. De Lima, before Kona Circuit Court Judge Melvin Fujino. Fujino set an April 4 jury trial date with a pretrial conference slated in the beginning of February.
“Mr. Dubberstein entered a not guilty plea because he is not guilty of any of the allegations against him,” said De Lima via phone. “We believe that the facts and witnesses support our position that Mr. Dubberstein did not commit (the offense). Mr. Dubberstein was actually a victim of road rage and we expect that he will be vindicated at a trial in this matter.”
Deputy Prosecuting Attorney Stephen Frye said he had no additional comment on the case.
A grand jury indicted Dubberstein of first-degree assault on Nov. 16. He remains free on $2,000 bail pending the trial.
First-degree assault is a Class B felony punishable by up to 10 years imprisonment upon conviction with a fine of up to $25,000.
The indictment said Dubberstein “intentionally or knowingly caused serious bodily injury” to the victim, James Gonzales. The alleged offense occurred Feb. 12, 2014, about 7 1/2 months after Dubberstein left the Hawaii Police Department.
Shortly after the indictment, Deputy Prosecutor Rick Damerville told Big Island newspapers that Gonzales suffered head injuries, a dislocated shoulder and broken ribs; there was no use of a weapon in the alleged assault. Gonzales died March 28, 2015, at age 65, of unrelated causes.
A police spokeswoman said Dubberstein was on the force for more than 24 years, was a patrol officer in the Kona and Ka‘u districts and left the department on June 28, 2013. She said she couldn’t provide the circumstances of his departure or if he is officially retired.
He was also one of 19 officers who sued the county, police department and top police officials in 1997 for a promotion rigging scandal. The 19 were awarded a total of $4.6 million by a jury in 1999.