KEALAKEKUA — A former Hawaii County police officer decided to again change his not guilty plea to no contest in a misdemeanor charge in connection to a 2014 road rage incident in Kau.
On Wednesday, Michael Dubberstein, 53, pleaded no contest in the third degree mutual affray, which is a petty misdemeanor.
Dubberstein had also been charged with assault in the first degree. In May, Dubberstein agreed to plead no contest and the assault charge would be dropped. However, he decided to change his plea to not guilty.
The case closed with Dubberstein’s decision to once again change his plea to no contest.
The prosecutor’s office suggested Dubberstein serve six months probation with five days in jail. Deputy Prosecutor Stephen Frye also recommended that the former officer serve 40 hours of community service and pay nearly $1,600 in restitution and fees.
“Decisions were made based on strength of available evidence,” Frye said.
Judge Melvin Fujino went along with Frye’s recommendations. However, he suspended the jail time.
Dubberstein’s attorney, Brian De Lima said, his client’s plea will be dismissed without prejudice after probation is served, meaning it will not remain on his permanent record.
The charge stems from an incident on Feb. 12, 2014, where Dubberstein got into a fight with James Gonzales in the Malama Market parking lot.
According to court documents, Gonzales confronted Dubberstein at the market after the former officer drove recklessly while traveling home.
Court documents indicate Dubberstein and witness Russell Spencer confirmed Gonzales made comments to the former police officer about road rage.
“Dubberstein did not respond but placed his groceries in the vehicle and attempted to get into the vehicle,” the documents state.
The filing goes on to indicate it was Gonzales that pushed the car door onto Dubberstein’s leg, causing the defendant to react.
“Gonzales admitted he was the person that first pushed Dubberstein when he exited the vehicle,” court documents state. “It was then that Dubberstein stated he was punched in the face and exchanged blows with Gonzales, which resulted in Dubberstein taking Gonzales to the ground causing injuries to Gonzales.”
A couple days after the fight, Gonzales’ wife, Evelyn, said a tumor was found on his liver. He died of cancer on March 28, 2015.
Evelyn Gonzales addressed Dubberstein in court on Wednesday. She called him an extremely hateful man.
“If you have spent any sleepless nights, I will consider that to be a bit of justice,” she said.
Evelyn Gonzales also recounted to the court the events that occurred more than three years ago.
“Jimmy was never the same after the beating,” she said. “I don’t blame you for my husband’s death, but the stomping and kicking impacted his quality of life the last six months of his life.”
After Gonzales’ widow spoke, De Lima spoke on behalf of his client. He said entering the plea was a difficult decision for Dubberstein.
As Dubberstein’s representative, De Lima felt he needed to address some inaccuracies about what occurred the day of the incident.
“It’s important to understand Mr. Dubberstein tried to avoid confrontation,” he said.
De Lima added there was a takedown, not a beating.
Dubberstein also addressed the court. He wanted to tell his side of events that occurred that day.
The former officer explained it started as he was driving back from Kona to Ocean View. He had passed Milolii area and into a passing zone where he overtook Gonzales’ vehicle. He said Gonzales honked his horn and flipped him off.
Dubberstein put distance between them and eventually made it to the market where he had planned to do some grocery shopping. When he came out of the store, he said, Gonzales was sitting on his car and yelled, that he nearly killed him and his wife.
Dubberstein said he didn’t engage. As he opened his car door, he started to put his groceries on the front seat. At that point, Dubberstein said, Gonzales slammed the car door on his leg.
Dubberstein said Gonzales started to hit him in the face and remembers grabbing Gonzales’ to do a takedown. The next thing he knew, he and Gonzales were on the ground.
Dubberstein said he had a lot of adrenaline from the confrontation. He ended up going to his car and calling dispatch.
“I regret the confrontation with Mr. Gonzales,” Dubberstein said. “I hope my plea will bring closure to the family so they can grieve their loved one.”
Evelyn Gonzales was dissatisfied with the outcome.
“I’m glad he was arrested,” she said. “I’m sorry the punishment didn’t equal the pain he inflicted on my husband.”