KAILUA-KONA — Two hearings have been scheduled for later this month involving a former Hawaii police officer accused of assault in 2014.
KAILUA-KONA — Two hearings have been scheduled for later this month involving a former Hawaii police officer accused of assault in 2014.
Michael Dubberstein, formerly a patrol officer in the Kona and Ka’u districts, will appear in court on April 20 for a pretrial conference for a charge of first-degree assault involving a road rage incident in Ocean View on Feb. 12, 2014.
A motion to dismiss with prejudice has also been filed for the same day.
A grand jury indicted Dubberstein of first-degree assault on Nov. 16. He remains free on $2,000 bail pending the trial.
The indictment said Dubberstein “intentionally or knowingly caused serious bodily injury” to the victim. The alleged offense occurred Feb. 12, 2014, about 7 1/2 months after Dubberstein left the Hawaii Police Department.
Shortly after the indictment, Deputy Prosecutor Rick Damerville told Big Island newspapers that the reported victim suffered head injuries, a dislocated shoulder and broken ribs; there was no use of a weapon in the alleged assault. The victim died March 28, 2015, at age 65, of unrelated causes.
Dubberstein appeared in court Friday before 3rd Circuit Court Judge Melvin Fujino to determine whether or not the statements made by the former officer the night of the alleged incident could be used by the prosecution in court.
Officers James Lorenzo and Henry Ivy took the stand and were questioned about the night they responded to the assault.
Lorenzo said the initial call was for a reckless driver. He responded to the Malama Market where he encountered former officer and co-worker Michael Dubberstein.
It was at that time, Lorenzo said, Dubberstein wanted to make a counter complaint.
Ivy took Dubberstein’s complaint at the substation.
While on the stand, Ivy said, Dubberstein told him he was involved in a road rage incident that resulted in an assault.
Ivy said no one was arrested at the time.
“It wasn’t clear who the primary suspect was … the case was routed to the prosecutor’s office, which is common practice,” Ivy said.
Brian De Lima, Dubberstein’s attorney, confirmed with Ivy he had not advised Dubberstein of his rights.
Ivy said that was correct.
While the victim did have injuries, De Lima asked Ivy if he observed injuries on his client.
The officer confirmed he had.
In a phone interview after court, De Lima said Dubberstein suffered facial injuries after being punched in the face several times, which ultimately led to him taking the alleged victim to the ground.
Ultimately, the court ruled the statements made by Dubberstein at the time of the alleged incident were freely and voluntarily made and may be used by the prosecution in court.
First-degree assault is a Class B felony punishable by up to 10 years imprisonment upon conviction with a fine of up to $25,000.
In a December 2016 interview, a police spokeswoman said Dubberstein was on the force for more than 24 years, was a patrol officer in the Kona and Ka’u districts and left the department on June 28, 2013. She said she couldn’t provide the circumstances of his departure or if he is officially retired.
He was also one of 19 officers who sued the county, police department and top police officials in 1997 for a promotion rigging scandal. The 19 were awarded a total of $4.6 million by a jury in 1999.