A 37-year-old Hilo man is being held on $100,000 bail for allegedly assaulting an elderly woman at a Waiakea Villas bar on April 10.
Zachary Adam Babosh is facing first- and second-degree assault in connection with the early morning incident at Hale Inu Sports Bar off Hualani Street in Hilo that resulted in the hospitalization of a 75-year-old Hilo woman.
Babosh was arrested Tuesday on a warrant by Honolulu Police Department officers at a Kanekapolei Street address in Waikiki. He made his initial appearance in Hilo District Court on Thursday, during which Judge M. Kanani Laubach denied a motion for supervised release and maintained bail at $100,000. A preliminary hearing was ordered to commence on Monday.
According to court documents, Hawaii Police Department officers arrived at the scene shortly before 3 a.m. April 10 to find the woman laying in the grass while receiving treatment from medics for apparent facial injuries.
The woman suffered multiple facial fractures, three missing front teeth, heavy dark bruising and swelling to both her eyes, the bridge of her nose, nose, mouth and left side of face. In addition, she suffered 2-inch lacerations under her left eye and above her upper lip that required stitches, according to court documents.
Raised abrasions/scratch marks with redness and slight bruising were also observed along the right side of the victim’s neck. The heavy bruising and swelling also impeded the woman’s ability to speak, according to the documents.
Initially, the woman didn’t make a police report, however, about 12 hours later, an officer interviewed the victim while she was being treated at Hilo Medical Center.
The victim told police that she arrived at the bar around midnight to have a few drinks with friends. She said she last remembered attempting to the leave the bar and walking to her vehicle, which was parked fronting the bar, according to court documents.
Officers also talked to a witness who had contacted the victim’s niece to report the elderly woman had been beaten up by a man named “Zachary.” Other witnesses relayed the same information. Babosh was identified in a photo line-up as the suspect by witnesses and the victim.
According to the court documents, the bar’s owner was not present at the time. Further, the bar’s surveillance system was “shut off due to malfunction.”
However, police were able to recover video from an adjacent plaza. That video shows the suspect walking to the right side of the victim, grabbing her by the neck and turning her toward him. The suspect, later identified as Babosh, then slams the woman to ground.
Another woman, later identified as the bartender, is observed trying to pull the man off the victim as he continues to strike the elderly woman, who appears not to fight back. Babosh then reportedly gets up and shoves the woman who tried to assist causing her to stumble backward, according to court records.
Babosh then turns back to the victim, who is still on the ground, drops to his knees and strikes her twice. The other woman again tries to stop Babosh when she is forcefully shoved and falls to the ground, according to court records. Babosh then returns to striking the elderly victim before stopping, walking to his vehicle and leaving the scene in a dark-colored four-door pickup truck.
The victim reportedly told police she and the suspect have had arguments in the past, but did not recall any argument the night of the incident. However, the bartender that night said the two had been arguing and it was the victim who struck Babosh first.
Babosh, who is currently on felony probation, was previously convicted for first-degree terroristic threatening stemming from a 2018 incident and for violating a temporary restraining order. He is also wanted on an out-of-state felony warrant.
Because of the woman being over age 60 and Babosh being a repeat offender, prosecutors have elected to pursue enhanced sentencing measures, including extended and mandatory minimum prison terms.
First-degree assault is a Class B felony and second-degree assault is a Class C felony. A Class B felony is punishable by up to 10 years imprisonment and a Class C felony by five years imprisonment.
If convicted of a Class B felony and given an extended sentence, Babosh faces an indeterminate 20-year term of imprisonment. If convicted of a Class C felony and given an extended sentence, he faces an indeterminate 10-year term of imprisonment.
His status as a repeat offender could mean a minimum 40 months if convicted on the Class B offense and a minimum 20 months if convicted on the Class C offense.