KAILUA-KONA — A Kona Circuit Court judge ordered the warden of Hawaii Community Correctional Center into court to explain how a murder suspect was erroneously released last week.
Judge Melvin Fujino ordered HCCC Warden Peter Cabreros to show cause why Brian Lee Smith was mistakenly released from the facility July 24 and set a hearing for 8 a.m. Aug. 9. The state Department of Public Safety and Hawaii County prosecutors were unaware of the release until Thursday.
Smith turned himself in Thursday evening. He is accused of murder after a June 23 shooting incident on Painted Church Road in Honaunau that left Thomas Ballesteros Jr. dead and another male injured.
This isn’t the first time Cabreros was ordered before a Kona Circuit Court judge to explain why a prisoner was released earlier than intended.
In March, Cabreros appeared before Judge Robert D.S. Kim with the Department of Public Safety’s attorney general Michelle Agsalda to address Kim’s concerns about the early releases of Adam Glassbrook, Tandi Ezzo and Ryan Wiles.
During the hearing, Kim questioned the warden about the early release of Glassbrook. In this case, bail was reduced to $2,500 and Glassbrook was ordered to appear in court Feb. 22. However, the defendant was released without posting bail.
Agsalda said during the March hearing that HCCC takes full responsibility for the release. There were two additional offenses that weren’t inputted in the system, resulting in Glassbrook’s release. When the error was discovered, Agsalda told the court that state sheriff’s deputies took the defendant back into custody.
In November 2016, Ezzo was sentenced to one year in jail and was to be released into inpatient drug treatment. That didn’t happen.
He was released early. Agsalda told the court he was released early because he accrued 90 days credit for time served, which was the correct move, according to DPS. However, according to the court, a judge put Ezzo’s case back on deferral, specifically stating no credit for time served.
“Even when the deferral is revoked and placed back on probation, the credit for time served for all time would apply,” Agsalda said to the court.
Wiles’ case also was discussed. Facing repeated drug-related offenses, the special conditions for his release were modified by a judge in April 2017. Wiles was to serve one year in jail with credit for time served of 30 days and early release into residential treatment.
Wiles was released early and not accepted into treatment.
“We agree there may have been an misinterpretation of the order,” Agsalda said.
The interpretation from HCCC also was nunc pro tunc, or referred back to the earlier order. Kim replied back that the terms and conditions were modified.
“We agree with the court that there should be some communication with the court and HCCC staff if there is confusion,” Agsalda said.
During the March hearing, Kim was satisfied with Agsalda’s responses but said he was concerned and hoped DPS and the judiciary could come together to solve any miscommunication there might be.
Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.