cjensen@westhawaiitoday.com
BY CHELSEA JENSEN | WEST HAWAII TODAY
The case against a 41-year-old Kailua-Kona man alleged to be an accomplice in the Jan. 12 robbery of the Keauhou Store has been dismissed.
Kona attorney Robert D.S. Kim said Thursday that a second-degree accomplice to robbery charge filed against his client, Roger A. Rasmussen, was dropped following a preliminary hearing Wednesday before 3rd Circuit District Court Judge Joseph P. Florendo Jr.
Florendo found that prosecutors failed to show probable cause that Rasmussen had committed the felony following testimony by James Kekai Hao, who was also charged in connection with the Keauhou Store robbery, as well as a reported robbery on Jan. 5 at a Kaloko Business Center V store, said Kim.
Hao, Kim said, was subpoenaed by the defense to testify at the preliminary hearing. After waiving his right to remain silent, Hao admitted that he had robbed the Keauhou Store, and had deceived Rasmussen into driving him to the store to see Hao’s grandmother. Hao also testified that Rasmussen had no knowledge of his intent to rob the store.
Kim noted that Rasmussen had told police the same story following his arrest.
“Nine times out of nine, they will plead the fifth but this is the one that didn’t and look what happened,” Kim said about the rarity of a defendant testifying and clearing another party charged in connection with the same incident. “It’s very unusual that Hao did that.”
Following the dismissal, Rasmussen was immediately released from custody, where he had been held since Jan. 13 because he was unable to post $50,000 bail, Kim said. The dismissal clears the charges and arrest from Rasmussen’s record, he explained.
Deputy Prosecuting Attorney Kimberly Taniyama, who handled the preliminary hearing, declined comment Thursday.
Rasmussen was arrested Jan. 13 after police located a white 1998 Jeep Wrangler Sahara associated with the Keauhou Store robbery. Rasmussen had been identified as the vehicle’s registered owner, according to police.
Hao, a 22-year-old Kailua-Kona resident, was arrested Jan. 19 and was charged Jan. 21 with first-degree robbery, second-degree robbery, kidnapping, third-degree assault, second-degree terroristic threatening, fourth-degree criminal property damage, third-degree promoting a dangerous drug and two counts each of first-degree terroristic threatening and second-degree theft.
On Thursday, Hao, before Florendo, waived his right to a preliminary hearing sending the above 11 charges to 3rd Circuit Court. He is scheduled to enter a plea to the charges and receive his trial date at 8 a.m. Wednesday before 3rd Circuit Court Judge Elizabeth Strance in Kona.
cjensen@westhawaiitoday.com