KEALAKEKUA — The off-duty police officer charged with assaulting his upstairs neighbor is headed to trial after he was deemed fit to proceed Wednesday.
KEALAKEKUA — The off-duty police officer charged with assaulting his upstairs neighbor is headed to trial after he was deemed fit to proceed Wednesday.
Jami Harper, 39, of Kailua-Kona is charged with second-degree assault after he allegedly injured a 72-year-old man the night of Jan. 22.
However, questions about his health at the time of the event might change the trial date.
On Wednesday, 3rd Circuit Chief Judge Ronald Ibarra reviewed the reports of three doctors who examined Harper.
Ibarra found Harper fit to proceed, but added a caveat about the time of the incident.
“The reports agree there might be an issue with responsibility,” Ibarra said, adding “because of the high public interest, I’m scheduling it for November.”
Currently, that’s Nov. 29, although Ibarra said there might be an evidentiary hearing, which could lead to a continuance of the case. An evidentiary hearing is where attorneys debate what can and cannot be introduced as evidence, allowing the judge to decide what should be allowed at the trial.
Harper was suspended from the Hawaii Police Department after he was charged. An inquiry about his status with the department was not answered by press time.
The confrontation left Harper and the victim in the hospital. The victim was discharged soon after but Harper spent several days being cared for in connection with an undisclosed medical condition.
Deputy prosecuting attorney Kate Deleon said after the hearing there would be consultation with the defense about how the ruling affected the case and declined further comment.
Defense attorney Jason Kwiat, in an email, cited Hawaii court rules limiting what he could say.
“All I can say is that the (mental health) proceeding yielded information that our office needed to best advise Mr. Harper about his options moving forward,” Kwiat wrote. “We look forward to providing Mr. Harper with a strong defense to the charges.”
Email Graham Milldrum at gmilldrum@westhawaiitoday.com.