LIHUE — A grand jury indicted a Kapaa man Wednesday on charges of burglarizing the dilapidated Coco Palms Resort. Darren Dean White, 46, who was out on bail and is accused of similar crimes in other cases, faces two felony
LIHUE — A grand jury indicted a Kapaa man Wednesday on charges of burglarizing the dilapidated Coco Palms Resort.
Darren Dean White, 46, who was out on bail and is accused of similar crimes in other cases, faces two felony counts, burglary in the second degree and attempted theft of copper.
The state argued that the owner of the Coco Palms Resort had seen White on the property while White was out on bail and after he had allegedly committed a previous offense. A stay away order from the property has been requested.
Bail on the indictment was set to $100,000.
In other case set for White earlier Wednesday morning, the state’s motion to increase bail from $10,000 to $100,000 was denied by Fifth Circuit Court Judge Kathleen Watanabe.
In that case, White is charged with one count of burglary in the second degree, possession of burglar’s tools, theft of copper, restriction on possession, sale, gift or delivery of electric guns.
According to the state’s motion, White was allegedly found by police at Coco Palms with a stun gun in his pocket on June 25. He had allegedly been attempting to steal copper wire with the help of an accomplice.
A grand jury indicted him on July 8 and his bail was set to $10,000.
Watanabe asked the state Wednesday morning why it had not initially requested a higher bail.
The state said it has not had a chance to raise bail because it had not anticipated White would be arrested on other matter.
Defense Attorney Shauna Lee Cahill argued that the state had failed to present evidence that White had knowingly or intentionally violated his bail conditions.
The state was requesting a higher bail just because White had been arrested at Coco Palms after an offense, Cahill said.
“An arrest alone is not enough to show that he intentionally or knowingly violated a state or federal crime,” Cahill said.
The state declared it was ready to present two witnesses if the court deemed it necessary, but the defense objected, noting that it had not received notice of said witnesses prior to Wednesday’s evidentiary hearing.
Witnesses were not called.
“The purpose of bail is to ensure that the person is brought back at the appropriate time,” Watanabe said. “Has this defendant been a problem in keeping his court dates? What would be the purpose of increasing the bail?”
Cahill said that White, who’s set to go to trial on this matter on Jan. 4, had been present at every hearing except the initial appearance because he lacked knowledge of that hearing and asked the court to not take that into consideration.
The state further argued that White’s bail conditions were not preventing White from staying away from the property as he was arrested in June at the property and then again in Oct. 24, allegedly attempting to steal more copper wire.
“One of the conditions of the bail is to stay away from the property,” said deputy prosecutor Rebecca Vogt. “Clearly he is not staying away. He is continuing to commit similar offenses.”
White was taken into custody Thursday on $100,000 bail from Wednesday’s indictment.
