KAILUA-KONA — An ex-Big Island police officer accused of a 2014 assault will appear again in court later this month.
KAILUA-KONA — An ex-Big Island police officer accused of a 2014 assault will appear again in court later this month.
Michael Dubberstein, a former patrol officer in the Kona and Ka‘u districts, will appear in court April 20 for a pretrial conference for a charge of first-degree assault involving a road rage incident in Ocean View on Feb. 12, 2014. A grand jury indicted him for the charge on Nov. 16.
A motion to dismiss with prejudice also will be heard that day.
Dubberstein remains free on $2,000 bail.
The indictment says Dubberstein “intentionally or knowingly caused serious bodily injury” to the victim, James Gonzales. The alleged offense occurred about 7 1/2 months after Dubberstein left the Hawaii Police Department.
Shortly after the indictment, Deputy Prosecutor Rick Damerville told the Tribune-Herald Gonzales suffered head injuries, a dislocated shoulder and broken ribs; there was no use of a weapon in the alleged assault. Gonzales died March 28, 2015, at the age of 65, of unrelated causes.
Dubberstein appeared Friday before Kona Circuit Judge Melvin Fujino to determine whether or not the statements made by the former officer the night of the alleged incident could be used by the prosecution in court.
Officers James Lorenzo and Henry Ivy took the stand and were questioned about the night they responded to the assault.
Lorenzo said the initial call was for a reckless driver. He responded to the Malama Market, where he encountered Dubberstein. It was at that time, Lorenzo said, Dubberstein wanted to make a counter complaint.
Ivy took Dubberstein’s complaint at the substation. Ivy testified that Dubberstein told him he was involved in a road rage incident that resulted in an assault.
Ivy said no one was arrested at the time.
“It wasn’t clear who the primary suspect was … the case was routed to the prosecutor’s office, which is common practice,” Ivy said.
Brian De Lima, Dubberstein’s attorney, confirmed with Ivy he had not advised Dubberstein of his rights.
Ivy said that was correct.
While Gonzales was injured, De Lima asked Ivy if he observed injuries on his client. The officer confirmed he did.
During a phone interview following Friday’s proceedings, De Lima said Dubberstein suffered facial injuries after being punched several times, which ultimately led to him taking the alleged victim to the ground.
The court ruled the statements made by Dubberstein at the time of the alleged incident were freely and voluntarily made and can be used by the prosecution in court.
First-degree assault is a Class B felony punishable by up to 10 years in prison with a fine of up to $25,000.
In December 2016, a police spokeswoman said Dubberstein was on the force for more than 24 years and left the department on June 28, 2013. She said she couldn’t provide the circumstances of his departure or if he is officially retired.
Dubberstein also was one of 19 officers who sued the county, Police Department and top police officials in 1997 for a promotion-rigging scandal. The 19 were awarded a total of $4.6 million by a jury in 1999.
Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.