KEALAKEKUA — A former off-duty police officer accused of assaulting a man while he was handcuffed on Jan. 9, 2014, in Ocean View may see his trial delayed after a motion today. ADVERTISING KEALAKEKUA — A former off-duty police officer
KEALAKEKUA — A former off-duty police officer accused of assaulting a man while he was handcuffed on Jan. 9, 2014, in Ocean View may see his trial delayed after a motion today.
John Smith, Jr., Ocean View, is charged with second-degree assault and unlawful entry into a motor vehicle. He is currently scheduled to begin trial on Tuesday, although the defense asked to push back the trial.
The prosecution alleges that the incident began when Smith went to assist two other officers of the Ka’u District, who were investigating a trespassing report. Fire units were also called due to what was described as a “bonfire” and a “fire pit” by officers. There, Smith allegedly slammed a suspected squatter against a police car, before continuing to assault him inside the vehicle.
On-duty officers Eric Uehana and Justin Gaspar responded to the scene.
They found and arrested Jason Myhre, who was hiding under a bed. He would later plead no contest to five offenses related to the incident. When discovered, officers handcuffed Myhre with arms behind his back. Fire personnel began to extinguish the fire.
Smith, who was assigned to Ka’u but off duty at the time, arrived on scene and reportedly spoke with a witness. She testified she told Smith that she’d had prior complaints with squatting and dog-beating at the residence.
Myhre testified that while the two officers were taking him out of the home, Smith ran up, grabbed him by his ponytail and headed toward the police car.
Other officers testified they had to support Myhre as Smith led them toward the car, which was about 100 feet away.
“At this point we were trying to hold him back from falling down because Officer Smith was basically dragging him, at a fast pace. So we were trying to hold him up so he doesn’t fall on his face,” testified Uehana during an earlier grand jury hearing.
Deputy prosecuting attorney Kuanoe Jackson asked what Myhre was doing during this time.
“Just stay on my feet as best I could. My socks were getting ripped off my feet on the pavement,” he replied.
Then Smith ran Myhre’s head into the door of the vehicle and smashed him into the car, Myhre said.
Gaspar said he rushed to the front to unlock the rear door and saw Smith slam Myhre against the vehicle. When the door was open, Smith allegedly pushed Myhre backside first.
“He was screaming stuff like, ‘you don’t belong in Ocean View. Go back to Puna you stupid haole,’ things like that,” Gaspar testified.
The defense attempted to have the unlawful entry charge dismissed, arguing that as an off-duty officer directed by an on-duty officer to secure a suspect, it was appropriate for Smith to enter the vehicle.
Gaspar testified it appeared Smith opened the door later, entered the car and assaulted Myhre when Gaspar and Uehara went to continue the investigation. Smith is no longer a Hawaii police officer although reasons for his departure weren’t known Thursday.
Court records show that Myhre ultimately pleaded no contest to two counts of first-degree criminal trespass, possession of burglar’s tools and fourth-degree criminal property damage. He pleaded Jan. 16, 2014, and was sentenced to 30 days in jail. Most fines and fees were waived by Judge Joseph Florendo, Jr., due to Myhre’s indigence.
