LIHU‘E — Prosecutors dropped assault charges against two Kaua‘i men last month after they were unable to locate the alleged victim.
Moleni Koli, 38, and Albert Bactad, 46, had been charged with assault in the second degree in November 2022 for an incident that the complaining witness said left him with broken bones.
On March 23, the Fifth Circuit Court in Lihu‘e granted a motion to dismiss those charges with prejudice due to “difficulty in locating the complainant,” court documents show.
Koli’s attorney Melinda Mendes had previously cast doubt on the alleged victim’s statements, describing him as a “career criminal.”
“It has always been the defense’s position that the charges should never have been filed in the first place, so I am happy for my client and his family that the case was finally dismissed by the state,” Mendes told The Garden Island.
“Just because someone is charged with an offense does not mean they are guilty. Unfortunately, for my client, he had to sit in jail for several months because he maintained his not guilty plea, but could not afford to post bail while he awaited his trial date.”
County Deputy Prosecutor David Seaver previously described the alleged assault as “calculated,” and “akin to a hit.”
Koli, of Anahola, still faces weapons and a minor drug charge in connection with a 2021 Kawaihau district game room raid.
Officers seized approximately a dozen gambling machines, a pickup truck and an undisclosed amount of cash during the raid, though they did not charge Koli or anyone else with gaming-related offenses.
With the dismissal of the assault charge, Koli has been placed on supervised release. He is next set to appear in court on June 1.
•••
Guthrie Scrimgeour, reporter, can be reached at 808-647-0329 or gscrimgeour@thegardenisland.com.
