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KAHULUI -- On Friday, the Hawaii Intermediate Court of Appeals ordered the vacating of three 2019 convictions of Patrick Rudersdorf of Colorado for assault and harassment. Rudersdorf was visiting Maui in 2018 when an incident occurred at Kaanapali beach on March 26, 2018, involving Rudersdorf and three female residents. Rudersdorf was eventually convicted in 2019 of two assault in the third-degree charges, and one harassment charge involving three Maui female residents, according to the court's ruling.
Rudersdorf appealed the conviction and argued the District Court of the Second Circuit of Lahaina erred by admitting into evidence footage from Maui Police Department (MPD) officer Royce Takayama's body-worn camera, according to court documents.
"The evidence was offered by the State to rebut Rudersdorf's trial testimony. Rudersdorf argued the footage contained statements by him that were inadmissible because they were made while he was in custody and interrogated without being given a Miranda warning," the order to vacate the convictions reads.
The Intermediate Court of Appeals opined that, "Although State's Exhibit 1 had been redacted, it contained incriminating statements made by Rudersdorf after he was subject to custodial interrogation before being given a complete Miranda warning. The trial court erred by admitting the statements into evidence...The trial court erred by admitting incriminating statements Rudersdorf made during custodial interrogation before he was given a complete Miranda warning."
The incident centered around a boogie board that went missing from a cabana that Rusersdorf and his family rented on March 26, 2018. Rusersdorf testified that he saw three women smoking marijuana near his cabana before he and his family left the area of the cabana momentarily. According to Ruserdorf's testimony, when he returned to the cabana, the board was missing. At that point, according to Rusersdorf, he went looking for the board and located it in the possession of the three females he allegedly saw smoking marijuana near his cabana.
Rusersdorf testified he saw the girls under a tree with the board next to them. He asked for the board back and one of the victims allegedly said, "f___ you haole, this is our board now. If you want it, come and get it." He retrieved the board after a "brief struggle." He denied shoving one of the victims off the board and hitting her with it. He walked about 10 yards away, then noticed the leash was missing. He went back to ask if the girls had it. The girls became very aggressive and threatened him.
The three women involved testified that "they found a bodyboard in the bushes. No one was around and nothing else was by it, so one of them grabbed it and took it into the water for 15-20 minutes. She was sitting on the board on the beach with the other two women. Rudersdorf came up, yelling "that's my board." He pushed one of the women off the board. While one of the women was on the ground, Rudersdorf picked up the board and hit her in the face with it. He walked away. He came back asking where his leash was. He spit on one of the women and called her a "fat b___." He tried to grab a phone out of one of their hands. The woman then put the phone behind her.
One of the two responding officers was Maui Police Department (MPD) officer Royce Takayama, who had a body-worn camera during the incident. Takayama testified that, "he responded to a call about a male harassing three females. While responding he was told that the male was hitting the females. The male was described as wearing an orange shirt and blue hat. He saw a male matching that description walking toward him with hotel security. He identified Rudersdorf as the male. As Officer Takayama was giving Rudersdorf the Miranda warning, Rudersdorf said he wanted to remain silent. Officer Takayama didn't complete the Miranda warnings because Rudersdorf interrupted, asking several times if he could leave."
Officer Takayama's bodycam revealed he told him he wasn't free to leave because they were still investigating the case. Rudersdorf asked if the girls wanted to prosecute. Officer Takayama told him that the other responding officer was speaking to the women at the moment to determine if they wanted to press charges.
"Rudersdorf turned and took off running. Officer Takayama chased Rudersdorf for about 250 yards, handcuffed him, and placed him in the patrol car," court documents stated.
The ruling by the Hawaii Intermediate Court of Appeals on Friday will require a new trial for the charges against Ruserdorf.