A 48-year-old Volcano man has been reindicted in connection with the sexual assault of a Volcano woman in her front yard a little more than two years ago.
The six-count indictment Wednesday by a Hilo grand jury came eight days after Acting Hilo Circuit Judge Jeffrey Hawk dismissed four of the six counts of original indictment against James Michael Taylor, aka Alex Daniel Mejia Taylor.
The indictment charges Taylor with attempted first-degree sexual assault, two counts of first-degree sexual assault, third-degree sexual assault, kidnapping and third-degree assault.
The incident Taylor is accused of allegedly occurred in the early morning hours of April 11, 2021.
Hawk’s ruling was in response to a motion by Taylor’s attorney, Deputy Public Defender Evans Smith, that the original grand jury was improperly presented with information regarding Taylor’s prior criminal record. The dismissal by Hawk of the four sexual assault-related charges was without prejudice, allowing the state to seek the second indictment.
Taylor, who remains in custody at Hawaii Community Correctional Center, hasn’t been arrested for the new indictment, which must occur before he enters pleas to the charges.
A bench warrant accompanying the indictment sets Taylor’s bail at $187,000, the original bail in the first case.
Hilo Circuit Judge Peter Kubota — who is on paid administrative leave for undisclosed reasons — had cut Taylor’s original bail to $75,000, sparking outrage among some in the Volcano community. Hawk cut Taylor’s bail further, to $27,000, after the dismissal of the four charges in the original indictment.
A trial regarding the remaining two charges in the 2021 indictment — kidnapping and third-degree assault — is set for June 13 before Hawk, who is presiding in place of Kubota. It is unknown if Hawk will set a later date for that trial, given the new indictment also includes those charges.
The most serious charges — first-degree sexual assault, attempted first-degree sexual assault and kidnapping — are all Class A felonies carrying a potential 20-year prison sentence.
According to court documents filed by police, the victim — who was 57 at the time — was asleep in the early morning hours when she heard a dog barking outside and walked out into the front yard to chase what she thought were animals out of her yard.
Instead, she was “jumped” and knocked down by a man she didn’t know. The victim said she recognized her assailant from a photograph that was being circulated by the Neighborhood Watch because of his alleged involvement in other incidents, documents state.
The woman reportedly told police that the man grabbed her by the throat with one hand, then used his other hand to close her mouth to prevent her from calling for help, which restricted her breathing.
The victim said the man told her, “You know me, James Taylor … I grew up in this neighborhood,” and performed unwanted sexual acts on her.
The woman called police after seeing Taylor leave her property.
An officer saw small cuts on the woman’s nose, lip and hands, redness on her throat and back, and swelling on her back, according to the documents.
Taylor was found sleeping on the ground in a pasture about 50 yards away from the victim’s house. He was arrested, and the woman identified Taylor from a photographic lineup.
Taylor was advised of his rights and requested a lawyer, so no statement was taken from him, according to police.
The Tribune-Herald doesn’t identify sexual assault victims unless the individual chooses to go public.
Email John Burnett at jburnett@hawaiitribune-herald.com.