A Hawaii Island judge has found probable cause to try a 29-year-old Honolulu man accused of possessing almost 6 pounds of methamphetamine.
Hilo District Judge Jeffrey Hawk made the determination after a preliminary hearing Sept. 17 in the case of Sione Latu Misinale, who is charged with first-degree promotion of a dangerous drug for the alleged possession and attempted distribution of 5.88 pounds of meth, plus littering and driving without a license and insurance.
Deputy Prosecutor Woodrow Pengelly called two witnesses for the state, Officer Wyatt Kaili-Leong and Detective Nelson Cacho, both of the Hawaii Police Department’s Vice Section.
Deputy Public Defender Kellen Akamu cross-examined both witnesses but called no witnesses in Misinale’s defense.
Police said that Misinale’s apprehension on Sept. 10 occurred after a traffic stop in Keaau conducted by Vice officers in coordination with the federal Homeland Security Investigations.
HPD Lt. Kelly Moniz said Vice section does traffic interdiction “from time to time,” but added he couldn’t go into detail why Misinale was tailed “as we are still following up on some leads and portions of the investigation are ongoing.” Moniz said Kaili-Leong, who conducted the stop, was driving his subsidized vehicle with a blue light on the roof.
According to court documents filed by police, an expired safety check sticker on the black 2012 Audi A4 Misinale was driving gave Kaili-Leong probable cause to pull the car over. The traffic stop occurred at about 5:10 p.m. Sept. 10 at the intersection of 21st Avenue and Kaloli Drive in Hawaiian Paradise Park subdivision in Keaau.
The documents state that Misinale, who was the driver and sole occupant of the car, tossed a cigarette from the driver’s side front window leading to the littering charge.
When the officer asked for a driver’s license, Misinale allegedly replied that he didn’t have one, and reached into the center console of the sedan and produced an expired insurance card.
The officer spotted a “crystal-like substance” which later tested neutral for methamphetamine, according to the documents. However, Axel, the HPD K-9 handled by Kaili-Leong, displayed “a positive alert to the presence of a controlled substance in the vehicle,” the documents state.
A narcotics search warrant was obtained for the vehicle, and a black Van Heusen suitcase in the trunk contained a plastic-wrapped sealed package with the number “6” written on it, the documents state. Within the sealed package was six individual sealed packets containing an aggregate of 5.88 pounds of methamphetamine, according to police.
After both parties rested during the preliminary hearing, Akamu asked the judge to reduce bail for Misinale, who has no felony convictions, from $502,000 to $250,000.
Hawk denied Akamu’s motion and ordered Misinale to appear at 8:30 a.m. Sept. 30 before Hilo Circuit Judge Peter Kubota for arraignment and plea.
The two most serious charges — first-degree promotion of a dangerous drug and first-degree attempted promotion of a dangerous drug — are Class A felony offenses that carry a maximum sentence of 20 years imprisonment.
Misinale remains in custody at Hawaii Community Correctional Center.
Email John Burnett at jburnett@hawaiitribune-herald.com.
