KAILUA-KONA — Honolulu prosecutors are now handling the case of an 18-year-old man accused of sexually assaulting a 78-year-old woman at a county campground in South Kohala.
Seth Robert Browder, 18, of no permanent address, was indicted Monday by a Kona grand jury on seven counts stemming from the June 15 incident at Spencer Beach Park.
The indictment, brought by the City and County of Honolulu Department of the Prosecuting Attorney, charges Browder with two counts each of first-degree sexual assault and third-degree sexual assault and one count each of first-degree burglary, kidnapping and tampering with evidence. A $166,000 bench warrant was issued.
The indictment also notifies the court of their intent to seek extended prison terms if Browder is convicted of two or more of the felonies filed.
“It’s the nature and facts of this case that show that, we believe, this defendant poses a danger to the victim and community,” said the department’s spokesman, Brooks Baehr.
Hawaii County Prosecuting Attorney Mitch Roth said Thursday that his office determined it would be a conflict of interest to prosecute and forwarded the case to the state attorney general’s office, which assigned it to the Honolulu prosecutor’s office.
“We wanted to avoid any appearance of impropriety,” Roth said, but declined to elaborate.
The charges stem from a reported sex assault about 6 a.m. June 15 after South Kohala patrol officers responded to the Kawaihae campground. The victim told officers she was sexually assaulted by a man who was also camping in the area. However, the parties were not camping together.
Officers located and took Browder into custody while the investigation continued, police said. He was charged the following day with five counts of first-degree sexual assault, three counts of first-degree terroristic threatening, three counts of third-degree sexual assault, burglary, assault, kidnapping and tampering with physical evidence.
The teen made his initial court appearance June 17. Kona District Judge Margaret Masunaga ordered a mental fitness exam at the request of Browder’s counsel and maintained his bail at $227,000, which he has since posted. A July 16 court date was set for the judge to rule on Browder’s fitness, but is moot as the case is now being handled in Circuit Court.
First-degree sexual assault and kidnapping are Class A felonies punishable by up to 20 years imprisonment. First-degree burglary is a Class B felony that carries a 10-year sentence and third-degree sexual assault in a Class C felony punishable by five years behind bars. Evidence tampering is a misdemeanor offense
Because prosecutors intend to seek enhanced sentencing measures if Browder is convicted of two or more the felony counts he faces longer terms behind bars. Such enhancement would mean a life sentence with the possibility of parole for the Class A felonies and double the time behind bars for the Class B and C felonies.
Email Chelsea Jensen at cjensen@westhawaiitoday.com.