A Kona Circuit Court jury last week found in a civil trial that a Waimea businessman sexually abused a 12-year-old boy decades ago.
The jury awarded the plaintiff $2.535 million in damages.
According to the verdict form, the defendant, David McCollough, committed sexual battery against the plaintiff, Trel Mangarin, formerly of Waimea — who’s now 39 and living on on the mainland — had court-approved anonymity but went public in February 2020, just prior to the novel coronavirus pandemic.
The jury on April 16 unanimously found that McCollough’s actions were intentional, outrageous and caused Mangarin to suffer extreme emotional distress.
“Our client is grateful and pleased with the jury’s verdict. We are satisfied that accountability and justice have been served,” said Kris LaGuire, a Hilo attorney who represented Mangarin with Honolulu attorney Carl Osaki.
The trial, which was presided over by Judge Kimberly Tsuchiya, was the second trial for the lawsuit, which was filed in September 2018. Since-retired Third Circuit Chief Judge Robert Kim presided over the original trial, in which a jury found in McCullough’s favor.
“At the original trial in August 2023, the jury found no sex abuse occurred and no liability on all claims,” said Bruce Voss, a Honolulu attorney who represented McCullough. “A new trial was ordered, contrary to well-settled Hawaii law. After post-trial motions are decided, if necessary we will appeal and seek to reinstate the original jury verdict.”
According to the original civil complaint, the incidents occurred in Waimea sometime between 1997 and 1998 when Mangarin was 12 years old and in sixth grade.
Court documents state the boy had visited the defendant’s home on several occasions, including overnight visits.
“McCollough is the stepfather of one of Mangarin’s childhood friends and was an assistant coach on their youth soccer team at the time of the incidents,” according to a court document, noting that the abuse occurred on several occasions when Mangarin stayed at McCullough’s home.
According to filings, the plaintiff developed various coping mechanisms and symptoms of psychological disorders, including post-traumatic stress disorder, anxiety, depression, repression and disassociation.
The case was pursued in civil court because the abuse occurred about 20 years prior to the lawsuit’s filing. The standard for finding a defendant civilly liable for actions is “a preponderance of the evidence,” a lower standard than the “proof beyond a reasonable doubt,” the law requires for conviction on criminal charges.
Email John Burnett at jburnett@hawaiitribune-herald.com.
