KEALAKEKUA — A 3rd Circuit Court judge reduced bail for two additional associates of accused cop killer Justin Waiki.
On Monday, Judge Robert D.S. Kim lowered bail for Mokihana Veincent from $500,000 to $50,000 and Jamie Jason’s bail was reduced from $1 million to $100,000. An updated bail study has been requested to see if electronic monitoring is a possibility for the women if they post bail.
Veincent and Jason are accused of assisting Waiki while he was on the lam from authorities over the summer after reportedly shooting and killing Hawaii Police Officer Bronson Kaliloa in Mountain View on July 17.
The prosecutor’s office filed an indictment on Aug. 14 that charged seven people, including Veincent and Jason for assisting Waiki in evading law enforcement during a weeklong islandwide search for the 33-year-old.
Jason along with Krystle Ferreira, Malia Lajala and Jorge Pagan-Torres were with Waiki the day he was caught by officers on July 20. They were traveling together on South Point Road when they were stopped at a police checkpoint.
During a search of the vehicle, Waiki was found hiding in the back. After he shot at officers, police returned fire. He died from gunshots. Jason also suffered a gunshot wound and one officer was injured.
The indictment also includes Veincent and Taumi Carr. All seven individuals face charges of hindering prosecution. Lajala, Ferreira, Jason and Pagan-Torres were also charged with first-degree attempted murder.
During Monday’s hearing, Kim discussed several filed motions. Pagan-Torres defense counsel Keith S. Shigetomi, filed to dismiss the attempted murder charge.
The initial filing by the defense was done on Nov. 12. However, the state didn’t file an opposition to the motion until Saturday. The state asked for more time to be able to address the issues.
“Seeing that this is a serious matter I’m going to continue briefing on this and we’ll set it for Dec. 17,” Kim said.
Earlier this month, the court dismissed a class B felony weapons charge against Pagan-Torres. However, the state plans to refile.
Also on Nov. 5, Ferreira’s bail was reduced from $1 million to $500,000.
The next matters Kim addressed on Monday were bail reductions.
Brende was granted a bail reduction of $10,000 two weeks ago. An updated bail study was requested by the court to determine if he qualified for electronic monitoring if he bailed out of jail.
On Monday, it was determined Brende would be able to meet the needs of electronic monitoring by providing a phone number to the Hawaii Intake Service Center and residence he would be living at. Kim told Brende that if he bails out, he is to immediately check in with the Hawaii Intake Service Center and check in with them as often as is required.
Kim also imposed a curfew on Brende from 6 a.m. to 6 p.m. He is allowed to leave the house for work, medical and court appointments.
Carr’s bail was reduced in October from $500,000 to $25,000. She bailed out of jail at that time. On Monday, Carr’s attorney, Francis Alcain, requested a no contact order be put in place should Brende bail out of jail.
The request was granted.
The matter of reduction of bail and supervised release for Jason was addressed next.
“I realize these are serious charges but there is a presumption of innocence and, like I said before, this is her first serious brush with the law,” said Jeffrey Hawk, Jason’s attorney.
The prosecution did file an opposition to the reduction in bail and supervised release, citing flight risk due to the seriousness of the charges.
However, Deputy Prosecutor Sheri Lawson told Kim the state planned not to file a motion for no bail at this time.
“There is an allowance for the state if they feel due to safety, flight or otherwise they can file a motion for no bail,” Kim said.
Since no bail status was requested, Kim decided to reduce it.
“In this particular case the court, based upon lack of felony record as well as other factors, I must consider here under the law in a pretrial situation an individual is presumed innocent unless the state proves beyond a reasonable doubt,” the judge said.
Kim also asked Jason about her income and the property she owned and determined she was indigent, or in poverty.
According to Hawaii State Statutes, Kim added, it is required of all judges and officers of the court that the indigent status of a person and their income must be considered in any circumstances regarding bail.
Veincent renewed her motion for reduced bail or supervised release. It was initially denied in October. Her attorney, Christopher Eggert, asked the judge to consider his client’s “indigency.”
Veincent was on felony status when the alleged events involving Waiki took place after she was arrested on drug charges.
Kim lowered bail from $500,000 to $50,000 with electronic monitoring.
“The court must consider the financial ability of person charged with a crime. Bail has to be attainable,” the judge said. “Bail is not used to keep people locked up when they’re charged with a crime.”
All seven defendants waived their right to speedy trial and a new trial date has been scheduled for June 25, which will take place in Hilo.
Kim said the trial will take place on the east side because the Kona courthouse doesn’t have sufficient security to handle the proceedings.