A 65-year-old California man Thursday pleaded not guilty to attempted murder and other charges stemming from the alleged Sept. 1 stabbing of his girlfriend at a South Kohala hotel.
Richard Lopez made his initial appearance in Hilo Circuit Court Thursday following his indictment by a Big Island grand jury on Tuesday on charges of second-degree attempted murder, first-degree assault, second-degree assault and abuse of a family or household member. Trial is set for February 2023.
The charges were filed after Hawaii Police Department officers were sent to a report of a stabbing the night of Sept. 1 within a guest room at the Waikoloa Beach Marriott Resort. Responding officers reported finding a woman with “numerous injuries” that were described as “life threatening,” as well as Lopez, who also had visible injuries. Both were taken to North Hawaii Community Hospital for treatment.
According to prosecutors, Lopez is alleged to have stabbed and slashed his 64-year-old girlfriend numerous times to her face and neck during the altercation.
Also during Lopez’s arraignment and plea hearing Thursday, Judge Peter Kubota considered a motion by defense counsel to reduce the $500,000 bail set after the indictment. After hearing argument from both sides, Kubota maintained bail but advised the defense that the matter can be taken up later in Kona Circuit Court.
Prosecutors plan to pursue enhanced sentencing because the victim was over age 60.
Upon conviction, second-degree attempted murder is punishable by life imprisonment with possibility of parole. The minimum length of imprisonment shall be determined by the Hawaii Paroling Authority. With enhanced sentencing, Lopez would be required to serve no less than 15 years behind bars.
Lopez’s indictment came two days before the San Predro, California, man was set to appear in District Court for a preliminary hearing during which the state would have worked to show it had probable cause to support the charges.
That hearing became moot in the wake of the Hawaii Supreme Court’s Sept. 8 ruling in State v. Obrero in which the panel, in a 3-2 decision, determined serious felony charges can only be brought via grand jury per the state’s current laws. Prior to the ruling, prosecutors had the ability to bring charges and prove probable cause via written complaint, preliminary hearing before a judge or grand jury indictment.
The majority ruling, in part, reads, “If the Legislature wants to strip people of the grand jury protections afforded by HRS § 801-1, it is free to do so. It may expressly repeal HRS § 801-1.”
The Legislature, however, does not convene until January when the process of introducing bills to change laws begins. Those bills, if passed bills passed by both chambers, do not go to the governor for his signature until the end of the legislative session in early May. But, a special session could be called by the governor or at written request of two-thirds of the members if the House and Senate.
Senate Majority Leader Dru Kanuha (D-Kona, Ka‘u) said Oahu Sen. Karl Rhoads, who is chairperson of the Senate Committee on Judiciary, will be working on the legislation.
“If there is a bill, the governor would work with Legislative leaders to determine if a special session could be called,” Cindy McMillan, communications director for Gov. David Ige’s office said.
