Prosecutors dropped several charges against a 22-year-old Volcano man accused of breaking into a Banyan Drive ice factory in the aftermath of Tropical Storm Iselle.
Prosecutors dropped several charges against a 22-year-old Volcano man accused of breaking into a Banyan Drive ice factory in the aftermath of Tropical Storm Iselle.
Charges of burglary of a building during a civil defense emergency and second-degree burglary, plus two counts of criminal property damage and four counts of unauthorized entry to a motor vehicle against Clinton Ronald Souza were dismissed without prejudice Dec. 1 at the request of prosecutors.
Those charges can be re-filed if new evidence surfaces.
The charges stem from a break-in at Alii Ice Factory in the late night of Aug. 12 or early morning of Aug. 13, damage to two of the ice company’s delivery trucks, plus numerous car break-ins in the Banyan Drive area during the same time frame.
“Basically, some new evidence concerning the DNA indicated someone else could have been there doing the break-in,” Deputy Prosecutor Jack Matsukawa said Thursday. “Some further investigation needs to be done, and we’re looking at the other guy first — the one who matches the DNA.”
Matsukawa declined to identify the new suspect in the case.
The state was under an emergency proclamation by former Gov. Neil Abercrombie because of Tropical Storm Iselle, so the burglary, theft and property damage charges carried double penalties, which meant a possible 10-year prison term.
Jon Bockrath, Alii Ice’s owner, shut down the ice factory until Souza was arrested for the break-in. At the time, power was still out to much of Puna when the ice factory break-in occurred, which meant demand for ice skyrocketed.
Souza still faces single counts of first-degree theft, a Class B felony punishable by up to 10 years imprisonment, and unauthorized entry to a motor vehicle, a Class C felony that carries a possible five-year prison term. He’s also charged with strong-arm robbery in an unrelated case, another Class B felony.
Trial is set for April 27 on the robbery charge and May 4 on the first-degree theft and unauthorized entry to a motor vehicle charges.
Souza remains in custody at Hawaii Community Correctional Center.
Email John Burnett at jburnett@hawaiitribune-herald.com.