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WAILUKU -- A judge denied a woman's request to be released from jail, in part so she could help in the defense investigation of allegations that she used a machete to attack a dog in Paia.
Tiare Kawaakoa, 40, of Kahului has pleaded not guilty to first-degree cruelty to animals and first-degree terroristic threatening.
She was arrested for allegedly attacking the dog and threatening his owner Aug. 13 while the pet animal was leashed at the Paia municipal parking lot on Hana Highway.
During a hearing Thursday in 2nd Circuit Court, Deputy Public Defender Tyler Stevenson said the dog "was aggressive and attacking her dog."
"Her actions tend to be in defense of her own dog," Stevenson said.
He said police didn't talk to all the witnesses who were there that day and Kawaakoa's help was "vital" to the defense in investigating and finding witnesses.
"Her being in custody is damaging that ability," Stevenson said, in asking for her to be released from jail on supervision.
In a motion, Stevenson noted that Kawaakoa was released on supervision on Aug. 15 when the case was in Wailuku District Court and appeared to have been following court orders. Bail, which had been set at $50,000 when she was indicted at the end of August, was later reduced to $10,000.
The prosecution opposed the request to release Kawaakoa.
"In spite of what the defendant claimed, all the evidence pointed to the fact that the dog was tied," Deputy Prosecutor J.W. Hupp said. "She came over and attacked the dog, and her dog was loose."
In a memorandum opposing her release, Hupp said the judge who initially ordered Kawaakoa's release didn't have information that "shows the level of rage and the extent of the brutality of the attack" and the risk to others as Kawaakoa "wildly attacked a dog with a machete."
Police later obtained information from a doctor and medical records showing that "although the dog survived, when the dog was admitted, it took two doctors working four hours just to stabilize him," the memorandum said.
It said his injuries included part of his tail being chopped off, requiring partial amputation, several gaping wounds on his back that had to be stitched and at least four strikes to his head, causing his head to be split open. The dog named Tommy Boy "may lose vision in one eye, and is still hospitalized and recovering," as of Sept. 20.
The judge initially also didn't have information that "the dog was tied during the attack, and that the defendant continued to strike the dog even though the owner and several witnesses attempted to stop her," according to the memo.
"Several witnesses stated that a woman tried to stop her by positioning herself between the defendant and the dog," the memo said. "The woman was pulled out of harm's way because the defendant continued to strike at the dog by reaching around this woman."
Witnesses who were interviewed said Kawaakoa's dog wasn't attacked by Tommy Boy but her dog "joined in attacking Tommy Boy after the defendant had started striking the defenseless dog," according to the memo.
In court, Hupp said having the defendant out of custody to track down witnesses was "concerning, considering the circumstances that the defendant was swinging a machete with bystanders in the way."
Judge Peter Cahill denied Kawaakoa's request to be released on supervision.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.