Prosecutors amend charges in reported kidnapping attempt
Kihei man accused to trying to lure schoolgirls to his car facing custodial interference charge
WAILUKU — A judge kept bail at $40,000 for a man with a criminal past who was arrested for allegedly trying to lure two schoolgirls into a car Tuesday morning in Kihei.
Edward J. Martin, 39, of Kihei was charged with two counts of attempted second-degree custodial interference.
With the charges amended to misdemeanors from the original kidnapping counts he faced, Martin asked to be released on supervision during his initial appearance Thursday in Wailuku District Court.
Deputy Prosecutor Brandon Segal opposed the request and asked that bail remain at $40,000.
“The classification of the offense should not be the sole gauge,” Segal said. “The allegations are that this defendant intended to entice young girls into his car while they were on the way to catch the bus for school.
“The defendant is alleged to have lied to the children, telling them their parents were with him. The girls were literally shaking with fear and continued walking down the street.”
Police said the incident occurred at 7:18 a.m. Tuesday.
According to a declaration filed in court to support the charges, an 11-year-old girl was walking toward the school bus stop at the intersection of Aliilani Place and Kenolio Road when a black 1994 Mercedes two-door coupe approached in the opposite direction. The car slowed down and Martin, who was in the front passenger seat, told the girl, “Come with us, your mom and dad are with us,” according to the declaration.
The girl was scared and began walking faster to the bus stop, where her 12-year-old friend was waiting.
The 11-year-old noticed the Mercedes pull into a driveway, turn around and head back down the road in the same direction that she was walking. She was with the 12-year-old girl when the Mercedes pulled alongside them, following “very slowly” as the girls continued toward the bus stop, according to the declaration.
The girls reported hearing Martin say, “Hi, hello,” “You guys need a ride,” and “You guys should come in the car.”
A third girl, who is 12 years old and had joined the other two, reported “she did not want to look up, as she felt the men in the car were trying to take them,” according to the declaration.
The girls eventually reached the bus stop, where a parent was waiting for the school bus with her child.
The 11-year-old heard Martin say, “A parent, let’s go,” according to the declaration.
Once the girls arrived at Lokelani Intermediate School, they reported what happened to police school resource officer Nichole Comilang. She located the black Mercedes fronting a residence in the 1100 block of South Kihei Road and talked to a 45-year-old man who confirmed he had been driving the car earlier that day, according to the declaration.
The man said he had given a ride to his friend Martin, the declaration says.
Martin was identified as the passenger who had made “coercing and enticing statements” to the girls, according to the declaration. Police arrested Martin on Tuesday afternoon at Waipuilani Park.
The driver also was arrested and released pending further investigation.
The parents of the three girls said they didn’t know the driver or Martin.
“There’s no legitimate purpose or explanation for his conduct in this case,” Segal said.
He called the allegations “disturbing.”
“Bail should be commensurate to the risk the defendant poses to the community,” Segal said.
He said Martin’s criminal history includes convictions for violence, including first-degree assault on a police officer, felony and misdemeanor abuse, third-degree assault and harassment. Martin is on felony probation, Segal said.
He said Martin was arrested for open lewdness for exposing his genitals in public, and has convictions for contempt of court and failure to appear.
According to court records, Martin was sentenced in September 2016 to a one-year jail term for abuse. At the same time, his probation was revoked in a 2011 case and he was placed on a new term of five years’ probation for first-degree criminal property damage, felony abuse and first-degree assault on a law enforcement officer.
Martin also has convictions for bail jumping in other states, Segal said.
Deputy Public Defender Selina Swatek said Martin is a Maui resident and would show up for court.
“While the allegations are serious, they’re just allegations at this point,” Swatek said. “Mr. Martin does maintain his innocence.”
While keeping bail at $40,000, Judge Kelsey Kawano ordered Martin to have no contact with the two girls.
Kawano also ordered that Martin “not go to school grounds, bus stops or other areas where young persons may congregate.”
A continued arraignment for Martin was scheduled for Monday.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.