HILO — Testimony has wrapped in the trial of a Department of Land and Natural Resources enforcement officer accused of sexually assaulting a teenage girl on a Hilo beach.
The defense rested Thursday in the case of Ethan Ferguson. The 40-year-old Division of Conservation and Resources Enforcement officer is charged with two counts of second-degree sexual assault and three counts of fourth-degree sexual assault for the alleged Jan. 1, 2016, attack on the then-16-year-old girl at Lalakea Beach Park in Keaukaha.
Testimony included that of Ferguson and the alleged victim, as well as a Honolulu Police Department criminologist who testified DNA found on the teen’s jean shorts matched Ferguson’s.
“Approximately 1.167 billion unrelated individuals would have to be calculated before you find an individual who has a DNA profile that cannot be excluded,” Scott Henderson told the jury Wednesday.
After resting her client’s case, defense attorney Mirtha Oliveros moved for an acquittal on all charges “based on the evidence.” Her request was denied by Hilo Circuit Judge Greg Nakamura.
Lawyers on both sides will now finalize jury instructions with the judge before they are presented to the panel of seven men and five women.
Closing arguments are expected to occur Tuesday before the jury deliberates Ferguson’s fate.
Second-degree sexual assault is a Class B felony punishable by up to 10 years imprisonment upon conviction, while fourth-degree sexual assault is a misdemeanor carrying a possible one-year jail sentence.
Ferguson, who was fired for misconduct by the Honolulu Police Department before being hired as a DLNR enforcement officer in 2013, is on paid administrative leave pending the outcome of his case.
He’s free on $13,000 bail.
The Tribune-Herald does not disclose the names of alleged sex assault victims.