A 50-year-old Volcano man has been indicted for the third time in connection with the alleged sexual assault of a Volcano woman in her front yard a little more than four years ago.
The six-count indictment by a Hilo grand jury on April 16 of James Michael Taylor, aka Alex Daniel Mejia Taylor, came 12 days after the second indictment from May 17, 2023, was dismissed by Hilo Circuit Judge Peter Kubota for use of incompetent evidence.
The current indictment charges Taylor with attempted first-degree sex assault, two counts of first-degree sex assault, third-degree sex assault, kidnapping and third-degree assault, the same charges as in the previous two indictments.
A bench warrant accompanying the indictment set Taylor’s bail at $187,000, the original bail in the first case.
The incident Taylor is accused of allegedly occurred in the early morning hours of April 11, 2021.
According to the order granting the motion to dismiss the 2023 indictment, one or more grand jurors pointed out during the proceedings — which are closed to the public — that it was Police Appreciation Week and thanked multiple officers for their service during or after their testimony.
“The grand juror(s)’ continuous expressions of gratitude and appreciation for the police witnesses during Police Appreciation Week were inappropriate” and “created the appearance of a biased and unfair grand jury proceeding,” Kubota wrote. “… Based on the violation of (Taylor’s) constitutional right to a fair and impartial grand jury proceeding, the indictment must be dismissed.”
The dismissal was without prejudice, which allowed the state to re-indict Taylor.
The second indictment came after then-Acting Hilo Circuit Judge Jeffrey Hawk dismissed four of the original sexual-assault related charges in 2023. Hawk ruled that the original grand jury was was improperly presented with information regarding Taylor’s prior criminal record. The dismissal by Hawk of the four charges was without prejudice, allowing the state to seek the second indictment.
Taylor was re-arrested on the charges in the third indictment on April 21. On April 22, he pleaded not guilty to the charges for a third time.
No trial date has been set. Kubota ordered Taylor — who is in custody at Hawaii Community Correctional Center — to appear at 8:30 a.m. July 24 for “further proceedings” if he remains incarcerated. Should Taylor be released from custody, he’s ordered to appear on July 7 for a pretrial conference.
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 at the time of the alleged incident — 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 reportedly 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, according to documents.
The woman called police after seeing the suspect 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, police said. He was arrested, and the woman reportedly 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.
The most serious charges, kidnapping, first-degree sex assault and attempted first-degree sex assault are Class A felonies that carry a maximum sentence of 20 years imprisonment, upon conviction. Third-degree sex assault is a Class C felony punishable by a potential five-year prison term, while third-degree assault is a misdemeanor with a maximum sentence of a year in jail.
In the indictment, prosecutors allege that Taylor may be subject to “extended terms of imprisonment” for the protection of the public, and because the maximum terms of imprisonment, if convictions are returned as charged, would equal or exceed 40 years if sentences run consecutively.
While consecutive sentences and extended terms are seldom imposed in Hawaii courts, if those conditions are met at trial, Taylor could be sentenced to life imprisonment with the possibility of parole.
Email John Burnett at jburnett@hawaiitribune-herald.com.
