Judge increases bail on man erroneously released from HCCC

KEALAKEKUA — Bail for murder suspect Brian Lee Smith was increased from $1.15 million to $2 million after he had been erroneously released from Hawaii Community Correctional Center.

Smith, 49, appeared in 3rd Circuit Court Friday morning to address the matter of the bench warrant, which was issued Thursday when prosecutors and authorities learned of Smith’s mistaken release. During the hearing, Smith told Judge Melvin Fujino he was in Captain Cook when he contacted police at 11 p.m. Thursday to turn himself in.

The Honaunau man is facing a murder charge connected to a shooting that occurred on Painted Church Road on June 23. At the scene of the incident, police confirmed one person, later identified as 42-year-old Thomas Ballesteros Jr., was dead.

Officers also determined that two other men were injured in the shooting, including Smith, but left the scene before police arrived. They were later located and taken to Kona Community Hospital and ultimately flown to The Queen’s Medical Center on Oahu for treatment.

During Friday morning’s hearing, Deputy Prosecutor Chase Murray told Judge Melvin Fujino that the state didn’t intend to file a contempt of court charge against the 49-year-old and asked that bail be re-instated to $1.15 million.

Smith’s attorney, Jason Kwiat argued for a bail reduction.

Fujino ultimately decided to increase the bail to $2 million.

“I was a little surprised by the increase but that’s the judge’s discretion,” Kwiat said outside the courtroom after the hearing.

Smith’s case will proceed as scheduled with a jury trial slated for Nov. 13.

“Brian turned himself in because he believes he’s innocent and anxious to let the jury and public hear his side of the story,” Kwiat said.

Department of Public Safety Director Nolan Espinda acknowledged the department’s error in the release of Smith earlier this week during a press conference in Honolulu Friday morning.

Espinda told reporters Friday that he was notified of Smith’s wrongful release on Thursday at 8:40 a.m.

“The reality is we made the release on Tuesday and did not know it was an error until yesterday morning,” Espinda said.

Espinda added that Smith’s wrongful release is an active investigation. They will be reviewing pretrial old procedures and at what process things what wrong.

“On behalf of the Hawaii Community Correctional Center and Department of Public safety I want to express our deepest regrets for the undue duress our error caused the Hawaii Island community,” he said.