KEALAKEKUA — Bail was reimposed to $250,000 on an 18-year-old man, accused of felony sex offenses, after reports of violating bail conditions a second time.
On Tuesday morning, Samuel Latrik took the stand in 3rd Circuit Court in his defense, opposing Hawaii Intake Service Center’s claims he violated bail conditions by leaving his home on two separate occasions while under electronic monitoring.
Judge Robert D.S. Kim added electronic monitoring to Latrik’s bail conditions on Aug. 10 after the teen was brought to court for not checking in with his social worker on numerous occasions.
Latrik was one of two teens reportedly involved in the Sept. 3, 2016, attack at Old Kona Airport Park’s soccer field, just north of the Kona Community Aquatics Center. The first suspect, 17-year-old Tyron Sigrah, was first of the two arrested and charged in November of 2017.
Sigrah was sentenced Tuesday to up to 20 years in prison for first-degree sexual assault, second-degree assault, kidnapping and second-degree robbery.
Latrik was arrested and charged in January after a grand jury indicted the 18-year-old. Prosecutors said that Sigrah, who was 15 at the time, and Latrik, who was 17 at the time, held the woman against her will, beat her and took turns raping her. The attack only stopped after passing Good Samaritan chased the boys off.
The victim was taken to Kona Community Hospital where she was treated for a broken nose, an exacerbated back injury and badly bruised ribs.
During Tuesday’s bail status hearing, Jill Akuna, supervisor for pretrial at HISC, testified that she filed the second amended bail order. She explained HISC contacted a Marshallese interpreter via phone who was able to go over the court order with Latrik on electronic monitoring as well as go over all the steps required.
Latrik was to consume no drugs or alcohol.
“Also, he was to remain in home as ordered by the judge unless pre-approved,” Akuna said.
According to HISC, Latrik was out of the house for six hours on Aug. 22 and again for about two hours on Sept. 5.
Akuna explained electronic monitors keep tabs on an individual by bouncing off cell towers. If the person goes outside the 500-foot range, the device automatically notifies HISC.
Akuna testified she spoke with Latrik about the first violation where he claimed he was at home.
She added the unit was working properly.
During cross-examination, Latrik’s defense counselor, James Biven asked Akuna about the process in issuing electronic monitors.
She explained to determine if Latrik qualified for the monitor, a site visit of his home had to be conducted to see what types of interference there could be with the device. Akuna said staff usually sees interference in the kitchen and bathroom.
However, in Latrik’s case there were none detected.
Biven also questioned the scientific reliability of the electronic monitor.
Akuna testified that if the electronic monitor was malfunctioning there would have been numerous indications of false violations, not one or two.
Regarding the first violation, Latrik told the court he was home, in his room, playing a game on his phone. For the second violation, Latrik testified, that he was home and in his room.
When questioned by Lawson, he confirmed that he had played the game prior to the Aug. 22 violation in his house while wearing the electronic monitor.
After Latrik stepped down from the stand, Lawson told the court the state would argue that Akuna’s testimony is credible.
“State does not feel the defendant’s testimony is credible as to his whereabouts,” she said.
Lawson again asked that the court grant the motion to revoke bail.
Biven didn’t disagree with the credibility of Akuna’s testimony, however the “defense is not convince on the reliability of the machine.”
Kim sided with the state in the matter.
“The court found no credible evidence that the electronic monitor was not properly working,” the judge stated. “Court will find there was a violation.”
Kim revoked the $25,000 bail and reimposed a $250,000 bail.
Latrik is scheduled for jury trial on Oct. 23.