A judge today reduced bail for a 20-year-old man police say circulated pornographic material involving a minor girl on social media.
South Kohala District Judge Kimberly Taniyama reduced bail for Elgin Marcos from $25,000 to $10,000.
Deputy Public Defender Lezlie Kiaha had requested the judge free Marcos without bail on court-supervised release or reduce his bail. The bail reduction was made over the objection of Deputy Prosecutor Matt Woodward.
Marcos, who resides in Pepeekeo, according to the police booking log, is charged with first-degree promotion of child abuse, a Class A felony that carries a maximum prison sentence of 20 years, upon conviction. He’s also charged with first-degree violation of privacy, a Class C felony that carries a potential five-year prison term.
According to the complaint, the offenses occurred on Nov. 21, 2021 and according to another court document, the victim, identified only by her initials, was born in 2005.
Marcos was arrested at 6:15 p.m. Wednesday, according to the police log.
Police say Marcos published an image or images of the victim, either nude or engaged in a sexual act, on social media.
According to the complaint, the image was was circulated without the consent of the victim “with the intent to harm substantially … or as an act of revenge and/or retribution.
Bail conditions, according to a court document, include Marcos not contact the complaining witness, that he stay at least 100 yards away from her and her home, and that he not enter the campus of the high school she attends.
Taniyama ordered Marcos to return to court on Monday for a preliminary hearing.
Email John Burnett at jburnett@hawaiitribune-herald.com.