Assault in Pahoa differs from HRS?

[Wao nahele kane]

The suspects live across the street. There is no relationship beyond that at this time, aside from being told to stay off the victim’s property on several occasions. In the distant past they occasionally socialized but that was terminated by the victim because of the odd behavior and irresponsible personalities of the suspects. It's simply unemployed, irresponsible, drunken and drugged out men who refuse to become responsible, who decided within a drunken drugged out state to terrorize the victim while they were completely $hitfaced as is a common state for the suspects. My term for such persons is “$hit-bird”.

E ho'a'o no i pau kuhihewa.

[oink]

Not speaking to the actual incident.
While I agree with Kelena on his interpretation of the offences, as his take was similar to mine, I do disagree with his simplistic utopian view of the police's position on arrests for any charge for which there is probable cause. Yes, the cops can make any arrest for which there is probable cause but they learn not to make arrests in situations in which they have learned that the prosecutors will not file on. Repeatedly doing so makes for a bad working relationship between the prosecutors and the police and can result in a officer getting many other cases dropped which would otherwise be filed had the relationship not been soured by the officer repeatedly making arrests for incidents he/she should have known the prosecutors don't like, probable cause aside. It sucks but that's life.
Again, I'm not saying this relates to the incident in question.

Pua`a
S. FL
Big Islander to be.

[Kelena]

Good point, Oink,. and I appreciate pointing that out. The feedback goes both ways. It is true that prosecutor's are reluctant to file on certain offenses and do have priorities, just as the officer in the field must have his or her priorities. I just got a whiff of marijuana as I was walking down the street. Guy was smoking on the street in broad daylight (okay, twilight). The police could arrest him, but the likelihood of a prosecution is low.

Here, the matters are complicated by what I always refer to as an overlay of tribal law, that serves as a brake on the application of anglo law on occasion. Add to that, limited resources and you have an occasional situation that shocks the conscience. I am not commenting on this particular situation, though, as I do not know all the facts. And that's what police, prosecutors, judges and juries are for. Kinda miss them!

[ArkaelDren]

This is a fascinating situation. It appears as though your local authorities, and the local judicial system has decided to take the law, as most know it in this country, to alter its values and punishments. In Linn County, and almost every other part of Oregon, these offenders would have been slammed onto the hood of a car, then searched, humiliated, then hauled off to the hooscow for further charges. By the time they were done, they would have had 2-3 felonies, along with a couple misdemeanors. Its totally opposite in our area in regards to the prosecutors being unhappy with excessive charges. You see in Oregon, they charge you with as many felonies/misdemeanors as they can, so during your short time with your CAA, they can convince you to plea out on one or two of the charges and you “should” be grateful.

I want to know if this is a case of the “good ole boys” law enforcement rules? Sorry but I really would like to know more about the defendants, and their relationship with the claimant.

Bottom line, you grabbed another person with “intent” to control and manipulate their body in a way such as to cause fear and or Harm…. Assault She’s an old lady, and if it were my mom, I would be doing very bad things for such a weak supporting public servant.

[YurtGirl]

What does age have to do with it? It someone grabs you, shakes you, etc., against your will with ill intent, then it's assault. And the district attorney doesn't choose to press charges, the person assaulted does. Or am I missing something?

It's not good ole boys, it's exactly the opposite IMHO. It's people 'in charge' who are lazy or discouraged, or arrogant as hell, working with budgets that aren't adequate and very little support from local government to restart our local jails and prisons.

How did Dog the Bounty hunter even start his show here, he's the only one bringing perps into the police stations and even then, they probably let them out the next day.

Melissa Fletcher
___________________________
"Make yurts, not war" Bill Coperthwaite, 1973

[YurtGirl]

Hawaii does not work like any other state in the US as far as its police and court systems are concerned. In theory, they act under the same laws. In actuality, they most certainly do not. So even if you know the law and have experience with what cops may or may not be thinking in other states, you can't apply it here, because it DOES NOT APPLY. Sorry. That's the truth, unfortunately.

Melissa Fletcher
___________________________
"Make yurts, not war" Bill Coperthwaite, 1973

[the hare]

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[Rene]

It's not so much "Island or tribal justice" but "small town justice". The officers know all the players involved and who has what rep. When you put together your case, it better be solid. You have to have all your ducks lined up and there are a series of hurdles before a DA even sees the packet. A sergeant can make the decision that no crime occured and the whole thing disapears. After you have a few years on the job you understand which cases are going to get pressed. There's nothing that takes the wind out of your sails like getting a "DA reject" on a case you presented that you know is solid. I can tell you for a fact that the line officers don't give a rip if there's bed space or not. If I got you dead to rights, you can sleep on the floor until we find you a rack to stretch out on. There's no arrest quota. What really needs to change is the silly marijuana arrest. Dealing? Yes..that's a case but simple possesion should be an infraction. It should be the same as J walking.