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Change of plea to be discussed in road rage case

Updated: 
April 21, 2017 - 8:21am

KEALAKEKUA — A plea agreement is being discussed for former Hawaii County police officer Michael Dubberstein, who was charged with assault in connection with a 2014 road rage incident in Ka’u.

On Thursday, Deputy Prosecutor Stephen Frye and Dubberstein’s attorney, Brian De Lima, appeared before 3rd Circuit Court Judge Melvin Fujino for a motion to dismiss the grand jury indictment and a motion to dismiss the first-degree assault charge.

Ultimately, De Lima requested a continuance for a change of plea.

“Our objective is to have an agreement that resolves the case and results in no conviction for Mr. Dubberstein,” De Lima said outside the courtroom.

Earlier this week, De Lima filed a 104-page motion with the 3rd Circuit Court indicating the indictment in the case should be dismissed because the state presented prejudicial, false, misleading and hearsay testimony during the grand jury proceedings, which improperly influenced the grand jury.

Frye filed a motion in opposition to dismiss the indictment.

“The defendant’s motion contains bold accusations that the state allowed perjured and false testimony to be presented during the grand jury proceedings,” according to Frye’s filing. “However, the defendant’s motion fails to analyze with specificity how the statements may have been false.”

Dubberstein is set to appear in court again on May 24.

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