A 21-year-old man was sentenced Monday to up to three decades behind bars for the 2019 sexual assault of an elderly woman at a South Kohala campground.
A seven-woman, five-man jury found Zeth Browder guilty of two counts of first-degree sexual assault, two counts of third-degree sexual assault, first-degree burglary, kidnapping and tampering with evidence following a three-day trial held in December 2021.
Browder, who was 18 years old at the time of the incident, was accused of sexually assaulting a then-79-year-old woman as she slept in her tent at Spencer Beach Park campgrounds on June 15, 2019.
Kona Circuit Court Judge Robert D.S. Kim on Monday denied a defense request to sentence Browder as a young adult defendant and ordered Browder to serve concurrently 20 years for each first-degree sexual assault charge, five years for each third-degree sexual assault charge, and one year for the tampering with evidence charge. He was also ordered to serve a consecutive term of 10 years for burglary and kidnapping.
“Defendant’s actions are extremely egregious and were committed against a particularly vulnerable victim,” Kim said. “Consecutive terms of incarceration reflect the seriousness of these offenses, the nature and circumstances of the offenses, the history and characteristics of the defendant as presented in the presentence report, and will promote respect for the law, provide just punishment for the offenses, and afford adequate deterrence for any criminal conduct considered by anyone out there.”
The sentencing followed arguments by Honolulu Prosecuting Attorney Kristen Yamamoto and Deputy Public Defender Fredrick Macapinlac, as well as statements from the victim and Browder, who continued to maintain his innocence appearing via video from Hawaii Community Correctional Center.
Yamamoto, who was assigned the case due to a conflict of interest in Hawaii County Prosecutor’s Office, called Browder a “dangerous and violent sexual predator” that the “public, and particularly women, needs to be protected from him” in her argument to Kim that Browder doesn’t qualify for sentencing as a young adult defendant.
“This was not a crime of immaturity, this was not the defendant falling in with the wrong group of kids or falling into drugs or anything like that. No, this was a conscious and purposeful decision to pick (victim’s name removed) and then to go into her tent late at night after everyone else was sleeping, knowing she would be alone, and then subjecting her to the numerous sexual acts that he did,” Yamamoto said.
Macapinlac, who took over the case following the retirement of James Greenberg who tried the case, argued for a reduced sentence due to Browder’s age, as well as that his client not be placed in general population. He added that an appeal of the conviction was forthcoming.
The victim, who is now 81 years old, recounted for the court how the incident has impacted not only her life, but also the lives of her family and friends. West Hawaii Today does not identify victims of sexual assault without their consent.
“The trauma of this attack has changed the way I relate and connect to others. I can’t fully trust or feel receptive to people now. I find the joy of life has changed; I don’t live life the way I want to live. I did not choose this, the defendant took the life I had away from me,” she said.
She also asked the judge to sentence Browder consecutively, raising concerns he could hurt her, her family or someone else in the community.
“I came back to Hawaii to testify at the trial because I wanted to tell the truth of what he did to me when he trapped me inside my tent. I wanted my voice to be heard so that he wouldn’t be able to hurt someone else,” she said. “He has shown no remorse for his crimes against me. I know I’m repeating myself, sorry, but I am so afraid that if he ever became free, he will hurt my children, grandchildren or someone else. I want protection for myself, my family, my friends, the people of Hawaii and all people.
“I don’t want what happened to me to happen to another grandmother or anyone. Kupuna and tutus should not be treated this way — we need to protect them,” she continued.
Browder, who did not testify during the jury trial, also addressed the court before sentencing, professing his innocence and asking for leniency.
“I have maintained my innocence this entire time. I am innocent. I understand what she is saying I did, but I did not do it, and I am going to continue to fight this case until the truth comes out,” he said.
The Hawaii Paroling Authority will determine in the coming months the minimum term Browder must serve before becoming eligible for parole.