Bail kept at $1M for murder suspect
WAILUKU — Bail was maintained at $1 million Friday for 58-year-old John Joseph Smith, who is charged in connection with the murder of 36-year-old Jonathan Awai, whose body was found in Kula earlier this month.
Second Circuit Court Judge Kirstin Hamman said that due to Smith’s extensive record, his potential as a flight risk, her concern for the safety of the community, and the nature of the charge and the potential penalties, she is maintaining bail.
She added that although the defense said Smith has a job, the bail study said he has been on disability for the past 23 years and his residence was not verified on Maui.
Smith’s attorney Matthew Padgett asked that bail be reduced to $500,000. He added that Smith, who lives in Makawao, has been on Maui since 2019 and has a wife.
But Deputy Prosecutor Carson Tani disagreed with the lower bail.
“We ask the court maintain bail,” Tani said. “The defendant is alleged to have shot and killed Jonathan Awai.”
Tani also said Smith has an extensive criminal history and doesn’t have significant ties to Maui.
“He is a flight risk and a danger to the community, so we ask that bail be maintained,” Tani added.
In addition to his second-degree murder charge, Smith is charged with carrying or using a firearm in the commission of a separate felony along with a charge of ownership or possession prohibited as a felon, which is relating to firearms or ammunition, court records show.
Smith pleaded not guilty to the charges on Wednesday. His trial is scheduled for Nov. 27.
Awai, a Makawao resident, was found dead on July 5 when Wailuku patrol officers responded to a remote trail off of Keanuhea Street in Kula regarding the discovery of possible human remains.
When officers arrived on scene, hunters led them to what was later discovered to be the body of a man wrapped in plastic. Police later identified the man as Awai.
Police arrested Smith in Kahului on July 13.
Two others were also arrested and charged, although the Prosecutor’s Office has declined charges for now, attorneys confirmed.
Stacy Marie Smith, 48, and Carl Rackley, 40, both of Makawao, were arrested and charged earlier this month for second-degree murder in connection with the case, police said.
* Staff Writer Melissa Tanji can be reached at mtanji@mauinews.com.





