Paia man taken into custody to serve 10-year prison term
The Maui News
WAILUKU — A Paia man was taken into custody Wednesday to serve a 10-year prison term, after a judge said he couldn’t find that the defendant was likely to prevail in an appeal of his case.
Troy Borge Jr., 30, was sentenced June 4 but had remained free pending the hearing Wednesday.
Originally charged with second-degree attempted murder, he had pleaded no contest to a lesser charge of first-degree assault in the beating of Briar Lee Brossart at about 10:30 p.m. Nov. 5, 2019, near Paia Youth & Cultural Center.
A witness described seeing Borge holding a wooden stick or club and hitting Brossart once to cause him to fall on his knees before he was hit a second time and fell back. Brossart was hit two or more times in the face, according to the witness.
His injuries included bleeding in the brain and numerous cuts and fractures to his head and face.
After being hospitalized in the intensive care unit at Maui Memorial Medical Center, the 27-year-old now lives in a long-term nursing home in North Dakota.
During the hearing Wednesday, attorney Hayden Aluli asked for Borge to remain free while his case is appealed.
The appeal focuses on whether the court should have dismissed the grand jury indictment against Borge.
Deputy Prosecutor Mike Kagami opposed the request, saying the defense hadn’t shown that it would have a substantial likelihood of prevailing in an appeal.
Second Circuit Judge Kelsey Kawano noted that Borge has no prior criminal record and had complied with conditions of his release on supervision and continued in substance abuse treatment.
“This incident appears to be confined to a unique set of circumstances,” Kawano said.
But he said he wasn’t convinced, by clear and convincing evidence, that Borge was likely to prevail in his appeal.
“I can’t find that he is likely to because the state’s position is clearly supported by existing case law, which means if the defendant prevails, he’ll be making new case law,” Kawano said.