HONOLULU — A murder charge against a Hawaii man has been dismissed due to prosecution delays.
KHNL/KGMB Hawaii News Now reported Wednesday that a second-degree murder charge against Derrick Hernandez was dropped due to persistent delays in bringing his case to trial.
A circuit court judge says that Hernandez’s time under mental health treatment and other delays counted against his speedy trial deadlines.
Hernandez has been jailed since 2014 when he was accused of the stabbing death of 42-year-old Frankie Feliciano at a beach park about 31 miles (50 km) northwest of Honolulu.
Hernandez’s attorney says rules governing an “accumulate delay” required a dismissal.
The Honolulu Prosecutor’s Office did not respond to requests for comment.
The ruling of dismissal without prejudice means prosecutors can refile the second-degree murder charge against Hernandez.
Information from: KGMB-TV, http://www.hawaiinewsnow.com/