KEALAKEKUA — Details about a hospitalized man formerly believed to have slipped out of a hospital while on charges of driving a stolen vehicle with drugs came out during a hearing Tuesday.
Clayton Michael Sexton, 31, of San Diego, is charged with unlawful control of a propelled vehicle, third-degree promoting a dangerous drug, a felon in possession of a firearm, two counts of second-degree promoting a dangerous drug and two counts of possession of drug paraphernalia.
His case drew additional attention when Kona District Judge Margaret Masunaga placed him upon supervised release, as it was believed he would require long-term medical care, according to an email to the offices involved in the case.
Then, before his preliminary hearing last week, he was believed to have left the hospital, although Kona Community Hospital told West Hawaii Today he was in their care the entire time. They also refuted a number of details provided by Masunaga during last week’s hearing. She thought the suspect had ducked out of the hospital and missed his hearing.
The court then sought Sexton’s arrest, although he was in the hospital across the street from the courthouse the whole time.
During Tuesday’s hearing Sexton appeared with deputy public defender Wendy DeWeese.
She objected both because of the short time between motions and how Sexton was taken into custody.
“I find it barbaric, I guess, that police go into the hospital and arrest someone” while they are still under medical care, she said.
DeWeese said the hospital may argue they discharged him, but her client still needed treatment and should remain in care.
The state, represented by deputy prosecuting attorney Sheri Lawson, asked for a $125,000 bond, rather than the $250,000 previously set.
“At that point the state had reason to believe he had absconded,” she said of the higher amount.
Additionally, Sexton is on parole in California, which was unaware he left the state and will be filing a warrant for his arrest, Lawson said.
In a filing, Lawson wrote that Sexton came here with his father on a visit and was scheduled to return to San Diego.
Sexton’s case was accompanied by confusion as to his status. Both the defense and prosecution office was contacted by one of the court clerks prior to last week’s hearing saying that Sexton might not make it to court on Wednesday for the preliminary hearing because a doctor said that he should be hospitalized for the next five days.
Another doctor, the court believed last week, said Sexton could be discharged sooner, which was why they were expecting him in court, although he had never left the hospital.
When trying to enter where Sexton would stay if he made bond, he told Masunaga he wouldn’t be able to post it in any event. Sexton is due in front of Masunaga at 9 a.m. today in the family court.
Both attorneys declined additional comment.
