Police: Alleged killer back in custody

SMITH
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Alleged murderer Brian Lee Smith, 49, is back in custody after being erroneously released Tuesday from Hawaii Community Correctional Center.

Late Thursday evening, Smith called police dispatch from a business in the Captain Cook area and requested to turn himself into police. Kona patrol officers were immediately dispatched.

Smith was located and taken into custody without incident late Thursday evening. He had an outstanding bench warrant issued after he failed to appear in court for a hearing on Thursday.

Smith was transported to the Kona police cellblock, where he remains in lieu of $2 million bail. He is scheduled to appear in court today in Kona.

Smith had been in custody since June after being charged with the fatal shooting of Thomas Ballesteros Jr.