KAILUA-KONA — A verbal argument between a Kailua-Kona man and woman last week escalated to a kidnapping and sexual assault, according to testimony in a preliminary hearing Wednesday.
Daniel Paul Jones-Bivings, 40, appeared in district court for the hearing on charges of abuse of a family or household member by impeding breathing, kidnapping, assault in the second degree and sexual assault in the first degree.
The case was moved forward to 3rd Circuit Court, meaning Jones-Bivings will stand trial for the charges.
The alleged assault occurred on June 9 when Jones-Bivings’ assaulted a woman while driving from Honokohau Harbor then outside a residence on Kiwi Street.
Shaylene Larson, a victim’s counselor with the Hawaii County prosecutor’s office, was the first to take the stand. She told the court the victim is currently being treated at Kona Community Hospital.
Hawaii Police Officer Christa Russell told the court she responded to the scene on Kiwi Street at about 1:45 a.m. on June 9.
When she arrived at the residence, Russell said, she saw a man, later identified as Jones-Bivings, talking to an officer. She then found the victim.
“I observed her lying on her side in the grass,” Russell said.
The officer said she noticed blood spots on the woman’s mouth and nose.
Russell testified the victim told her she wasn’t wearing any bottoms. A pair of black shorts was located on the ground nearby. The victim also relayed to Russell that she’d been in a fight with Jones-Bivings, which started on the morning of June 8, when he accused her of stealing a temporary restraining order paper.
Russell testified the victim came home from work and the suspect told her he wanted to drink with his friends at Honokohau Harbor.
They went to the store to buy cigarettes and the victim agreed to buy beer and accompanied Jones-Bivings to the harbor, Russell testified.
According to the victim, they left the harbor at about 1:20 a.m. As soon as they left, Russell told the court the victim reported to her the suspect sped off and backhanded her in the mouth and face.
The victim told Russell she attempted to put her seat belt on but the suspect wouldn’t let her. Instead, he allegedly slammed on the brakes causing the woman to be thrown into the dashboard and windshield.
After that, Russell stated, the suspect grabbed the victim by the neck and put her head between his legs while he was driving. He used one of his hands to choke the victim, Russell testified.
Jones-Bivings and the victim arrived back at their residence on Kiwi Street where the alleged sexual assault occurred. Russell testified the woman was slammed up against a coconut tree at the residence where the suspect allegedly sexually assaulted her aggressively to the point where she fell to the ground. While she was being sexually assaulted, Russell stated, the victim was also being punched and strangled because she was screaming and attempting to get away.
“She said she couldn’t get up,” Russell told the court. “She was in a lot of pain from getting beat up.”
After the alleged assault, Russell testified, the woman recalled a neighbor coming to the scene because of the commotion. The victim recalled Jones-Bivings’ telling the neighbor the woman had too much to drink.
A neighbor did call in the domestic dispute. Jones-Bivings also called 911 at about 1:45 a.m., Russell told the court. The officer stated dispatchers relayed to her that the suspect reported the woman had gotten drunk and slapped him.
At the hospital, Russell stated, she observed bruising and swelling to the victim’s face and the doctor informed her the victim had a refractured nose.
Defense attorney R. Hermann Heimgartner asked Russell if she observed bruising on the victim’s neck.
Russell said she didn’t look.
“Isn’t it your job to investigate, to confirm and report?” Heimgartner questioned Russell.
“I didn’t want to move an injured person,” Russell said.
Heimgartner asked Russell if she recorded her interview with the woman. The officer indicated she is not issued a recorder but she took notes and filed an official report.
Heimgartner requested a copy of her notes.
Heimgartner pressed Russell on whether or not she asked the woman if she verbally told Jones-Bivings’ “no” when they had sex.
Russell stated to the court the victim told her she was screaming and trying to get away from the defendant. However, the officer didn’t know what the woman was screaming.
After Russell left the stand, prosecuting attorney Chase Murray Chase stated believes there is probable cause on all charges.
Judge Margaret Masunaga stated there was sufficient evidence to move the case forward into 3rd Circuit Court. Jones-Bivings will next appear in court on June 22.
The suspect remains in custody with a $120,000 bail.