A former Big Island police officer is accused of beating a man more than 2 1/2 years ago at Malama Market in Ocean View.
A Hilo grand jury on Wednesday indicted Michael Dubberstein of first-degree assault, but the case will be heard in Kona Circuit Court.
The indictment says Dubberstein “intentionally or knowingly caused serious bodily injury” to the victim, James Gonzales. The document says the alleged offense occurred Feb. 12, 2014, about 7 1/2 months after Dubberstein left the department.
Deputy Prosecutor Rick Damerville said Gonzales suffered “head injuries, (a) dislocated shoulder and broken ribs.” He said there are “no allegations of weapons” in the alleged assault.
The police booking log from Feb. 12, 2014, indicates Dubberstein wasn’t arrested or booked at the time of the alleged incident.
Gonzales died March 28, 2015, at age 65. Damerville said the cause of death was unrelated to the alleged assault.
A police spokeswoman said Dubberstein was on the force for more than 24 years, was a patrol officer in the Kona and Ka‘u districts and left the department June 28, 2013. She said she couldn’t provide the circumstances of his departure or if he is officially retired.
Dubberstein 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.
According to the state Department of Commerce and Consumer Affairs, Dubberstein is a licensed security officer in good standing. His license was granted May 27, 2015, and expires June 30, 2018.
First-degree assault is a Class B felony punishable by up to 10 years imprisonment upon conviction.
A bench warrant for Dubberstein’s arrest set bail at $2,000.
“Criteria for considering what set bail is, ‘Is the person a flight risk? Is the person a threat to the potential victim?’” Damerville said when asked about the low bail amount. “When you consider those criteria, he’s not a flight risk, and the victim is now deceased. He died of other causes. … The bail amount here is appropriate; that’s why the state asked for only $2,000.”
“My only other comment is he is presumed innocent until proven guilty in a court of law,” Damerville added.
Reached by phone, Dubberstein said Friday he was unaware of the indictment. Asked if he caused serious bodily injury to Gonzales, Dubberstein replied, “I have no idea what you are talking about.”
Email John Burnett at jburnett@hawaiitribune-herald.com.
