SCANNED r? A Prosecutor (Iaa) Defense Defendant HPD MITCHELL D. ROTH 6012 . 3R QUIT Prosecuting Attorney M. 9719 Deputy Prosecuting Attorney County of Hawai?i 655 Kilauea Avenue Hilo, Hawai?i 96720 Tel. No. 961-0466 Attorneys for State of Hawai?i IN THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH HILO DIVISION STATE OF STATE OF REPORT NO. . C160007601H vs. - . - ETHAN FERGUSON, NOTICE OF DECLARATION OF ATTACHMENTS 1. 8: 2; Defendant. CERTIFICATE OF SERVICE. - I NOTICELOF FILING COMES NOW, the STATE OF by. and through M. Deputy Prosecuting Attorney for the County of Hawai?i, and does hereby ?le Redacted Application and Declaration for Judicial Determination of Probable Cause for Warrantiess Arrest and for the Extended Restraint of Liberty of'Warrantless- Arrestee and Attachments Filed on January-7, 2016 and January-'8, 2016, in the above mentioned case as attachments to this notice. iIWpILAAWotice of filing.doc 16 0 41000612613365 . Ethan Fergu?gg16 State of Hauait 01121 South Hi10 90 l8 This notice and ?ling is made'pursuant to Rule 47, Hawai?i Rules of Penal Procedure and Rule 9, Hawai?i Court Record Rules. Dated: Hilo, Hawai?i, llu-[l STATE OF M. Deputy Prosecuting Attorney BY 2 STATE OF FERGUSON, Report No. etc. Notice of Filing . IN THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH STATE OF STATE OF REPORT NO. vs. DECLARATION OF COUNSEL ETHAN FERGUSON, Defendant. I DECLARATION OF COUNSEL l, M. hereby declare under penalty of perjury that: 1. That on January 7, 2016, Application and Declaration for Judicial Determination of Probable Cause for Warrantiess Arrest and .for the Extended Restraint of Liberty of Warrantiess Arrestee and Attachments was filed that contained un?redacted personal information; 2. That on January 8, .2016, Application and Declaration for Judicial Determination of Probable Cause for Warrantiess Arrest and for the Extended Restraint of Liberty of Warrantiess Arrestee and Attachments was filed that Contained un-redacted personal information; I 3. That on January 14, 2016; the State?s Ex Parte Motion to Seal the above filed documents was granted; 4. That the State has redacted only the personal information that is contained in the original filings of the Application and Declaration for Judicial Determination of . Probable Cause for Warrantiess Arrest and for the Extended Restraint of Liberty of Warrantiess Arrestee and Attachments; 5. That the State is now ?ling theredacted Application and Declaration for I Judicial Determination of Probable Cause for Warrantiess Arrest and for the Extended Restraint of Liberty of Warrantiess Arrestee and Attachments filed on January 7, 2016, in compliance with Hawai?i Court Records Rule 9; I I 6. That the State is now ?ling the redacted Application and Declaration for Judicial Determination of Probable Cause for Warrantless Arrest and for the Extended Restraint of Liberty of Warrantiess Arrestee and Attachments filed on January 8, 2016, in I complianCe with Hawai?i Court Records Rule 9; I 7. I declare under penalty of perjury that the foregoing is true and correct. Dated: Hilo, Hawai?i, 7?1 t/ I STATE .M. Deputy Prosecuting Attorney 2 STATE OF vs. ETHAN Report No. etc. Declaration of Counsel FILING DATE: I I Io . ?21? FILING TIME: . IN THE DISTRICT FAMILY COURT OF THE THIRD CIRCUIT SOUTH HILO- DIVISION STATE OF . CISTATE OF IN RE IN THE MATTER OF AN APPLICATION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE FOR WARRANTLESS ARREST AND FOR THE EXTENDED RESTRAINT OF LIBERTY OF WARRANTLESS ARRESTEE Master'PoIice Report N0.: DATE OF ARREST: 01-07-2016 TIME OF ARREST: - 1150 I I: Ferquson: Ethan I (Defendant?s Name) I APPLICATION AND DECLARATION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE. FOR WARRANTLESS ARREST AND FOR THE EXTENDED RESTRAINT OF LIBERTY OF WARRANTLESS . Year of Birth: SSN (last 4 digits): 5963 . SID N0.: --WarrantIeSS Arrestee. APPLICATION AND DECLARATION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE FOR WARRANTLESS ARREST AND FOR THE EXTENDED RESTRAINT OF LIBERTY OF 1 WARRANTLESS ARRESTEE: 1. I, Detective Fetuutuunai AMUIMUIA am a police officer employed by the County of Hawai?i, Hawai?i Police Department. I 2. On I Januarv 7th I 20 16 ,1 arrested - Ferguson. Ethan (hereinafter isisafuimrue nd coop _,opygf origiwalon main . . Co?t?h - . -- . REV. 07-01-14 ION: - I --.- - I: 0 1 . 3. Warrantiess Arrestee was arrested in the COunty of Hawai?i, State of Hawaii, for the I following offense(s): . . Police Report No. and Offense Statutom/OrdinancelHAR Sectionls) . ASLT 1 707?730 HRS 0160007571 SEX ASLT I 707-730 HRS 016000758 ASLT 3 707-732 HRS ASLT 3 . 707-732 HRS ASLT 2 - 707-731 HRS Said arrest was effected Without a warrant. 4. ascertained specific facts establishing probable cause to believe that the aforementioned 'offense(s) had been committed and that Warrantiess Arrestee committed said I offense(s), as described in "Attachment(s) A- E: i which consists of pages and attached hereto. 5. Based on the facts set forth herein, 1 have reason to believe that there is probable cause for the warrantiess arrest of Warrantiess Arrestee and for extended restraint of liberty of the above-named Warrantiess Arrestee. I request that this Honorable Court find probable cause and further detention of the above?named person. I I . Il,l Detective Fetuutuunai AMUIMUIA declare under penalty of law that the foregoing is true and. correct to the best of my kno?wiedge and belief. 0/1/14 QTSignature) nt Name: Det tive FetuutuunaiAMUlMUlA County of Hawai?i identification No. 130311 r; Whit/l upervisor's SignaturellD No. REV. 07-01?14 I RETENTION: RECORDS IN THE DISTRICT OR FAMILY COURT THE THIRD CIRCUIT STATE OF IN THE MATTER OF AN APPLICATION Case No. FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE FOR WARRANTLESS i ARREST AND FOR THE EXTENDED FINDING AND ORDER RESTRAINT OF LIBERTY OF WARRANTLESS ARRESTEE Ferguson. Ethan - . . Year of Birth: 1976 SID No.: . Warrantiess Arrestee. FINDING AND ORDER The Court, having reviewed the Application for Judicial Determination of Probable Cause For Warrantless Arrest and for the Extended Restraint of Liberty of Warrantiess . Arrestee, Declaration and Exhibit(s), if any1 The Court finds and IT IS HEREBY ORDERED: Probable cause for the warrantiess arrest exists and the extended restraint of Illerty of the above?named Warrantiess Arrestee is hereby allowed for: All of the offenses listed on the attached Application. kc; The following offense(s): I Police Report No. and Offense Statutorv/Ordinance/HAR SectionIs) REV. 07-01?14 RETENTION: RECORDS The facts angcircumstances set forth in the Deogtion do not support a finding of probable cause to believe that the above-mentioned offense(s)- has/have been committed and that the above-named Warrantiess Arrestee committed said offense(s). The Application for Judicial Determination of Probable Cause For Warrantiess Arrest and for the Extended Restraint of Liberty of Warrantiess Arrestee is therefore DENIED WITHOUT and the Warrantiess Arrestee is ordered released and discharged from custody, as to: All of the offenses listed on the attached Application. The-following offense(s) I Police Report No. and Offense - Statutory/Ordinance/HAR Sectionis) MY HAND, and dated this W??jay County of Hawai'i, State of Hawaii. I I illJUDGE OF THE ABOVE-Elfigfit?p COURT 1 STATE Niki-minty" REV. 07-01-14 I RETENTION: RECORDS sun?ll.- No i??di?i?iil?lQEQEJB-?lss HL pissing-n Asses-r assonr anvil I . slate ot' citense LALAKEA BEACH PARK Ollenee Date/Der 01 01 2016 FRI 1200 o?ense Time - ziiCode - Initiel court vision/nets . Polite'Dept Tracking No. P3111: Police - I a US citizen II'ime in State $003005 '0010000 50286195 Eli-96234 -5963 US LIFE lusts ?Sik' Race ?on Age FOB Height weight hseeuson, ETHAN WHITE 1976 39 HI 510 200 aides Hair Color Color Grade Completed School Attending ausp Drug Use? BLK BRO . NO s??idence Address sip Code Res Phone 143 PUNAHELE ST. HILO HI (308) - {legitimise Address - Directions 00 - . . . ?ailing Address ., City/state zip Code Dependents 31-13111? .e I - - 2 Hiritel Status Spouse? Employer/asst Employed occupation 'sI'n'cLs - DLNR DOCARE OFFICER Sp?ness address City/state zip Code Bus. Phone 35' - "?ikdrgency Contact Relationship Emergency Phone MEI-FEROLINO FR (808) 561-1287 ?mggucy Contact Address . city/State zip Code 1:43.. PUNAHELE ST. HILO HI 96720 . Jensen Taken . .Photo Taken By Sobriety Previous arrest Eds . ,182000 V. FERREIRA SOBER rot irrest - Arrest, Date/Day. Time Best census Watch PUNEHELE . '01 07 2016 THU 1150 131 2 arresting 'Qtiicer 1803 11 Initiating Agcy Division Section Unit {Test} BAG EDI. cm HAMT s12? 20401500121 I ns'pislting o?icer 132000 How Arrested warrant No. Case In Ohio! Master om on VIEW 016000145 telephone Call Into . Ofcr: [1139 hot wish to Make a Telephone Call Now. .Signature: Date/Time: detains. ay 187542 Date/Time Booked sy 130311 Date/Time ??fl N.ISERRAD 01 07 2016 1200' F. AMUIMUIA 01 07 2016 1200 I charged 85! Date/Time Released Date/Time vehicle Used - Year/Make/Model Color Lic. Nunlher state Disposition or Vehicle Wistered Owner Driver Dio. No. state Disposition or have {Apparent Injuries Treated/Remus! -- E?eneported By 132000 Hold for Investigation Requested By Custodial Search By 1303 03 FERREIRA 1? CID s. AMARAL crime Type If 01:, children present? Previous Arrest warrant check warrant this clothing Worn Property Medication BLUE SHIRT BLACK SHORT, SLIPPERS 9 Arrested For i?inel Charge Hod Eev Booking No. 707-0730 SEX ASLT 1 707-0730 SEX ASLT 1 FA Report No. District How Released Bail Set Bail/Bond Posted Hail Receipt Ho. Bailfaond Posted by Whom 616.000.21.45. . H0 . - - Party- 'l'y'po Party Name I Sat 03 citizen . DOB Jigs Relationship Race Res/visitor Ree Phone Dus' Phone 1999 16 STRANGER - Address City/state synopsis 0n the stated date and time said defendant was I Arrested for Sex Assault I A violation of section 707?730 of the Hawaii-Revised Statutes as amended after he was positiVely identified by the victim via photo line-up as Being responsible for taking off the victims shorts and then putting his fingers into the victims Vagina without permission, the defendant who was an on duty Department of Land and Natural Resources Officer in unit-em the time; save the-"victim 'an' prio? fess Zea-?lysine: '06 has breaks-1- Eli's" ?Po'i'ic'e "hta??ib'? Jo?f' Eddie; Money, Drugs, or Sex, after the Victim was caught smoking marijuana'in a pipe by the defendant while at Lalakea Beach Park. The victim informed the defendant that she had neither money nor drugs and that she was unwilling to have sex with him, the defendant however removed victim's clothes and performed said sexual acts ermillingly. INV: CONTINUING A 1 new, was i7: m, -A-.--..HAWAII Police De Tracking No. Report No. _819 I Name I A6088085 FERGUSON, ETHAN - Arrested For Final Charge Mod Sev Booking No. 2 707-0730, SEX ASLT 1 FA Report No. District How Released Bail Set Bail/Bond Posted Bail Receipt No. Baillnond Posted by Whom 016000757 HL . 5 Party II'ype Party Name - I Sex US Citizen v. cm mu . Age Relationship 2 Race Res [Visitor Res Phone Bus Phone 1999 16 STRANGER - - ss City/State . . . Zip code 'Place of Offense Offense Date/bay Offense Time Initial Court Division/Date LALAKEA BEACH PARK 01 01-2001 1200 'Synops is - . On the stated date and time said defendant was Arrested for Sex Assault I A violation of section 707-730 of the Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line?up as being responsible for taking off the victims shorts and then putting his tongue into the victims Vagina, the defendant who was-an on duty Department of Land and Natural Resources Officer in uniform at the time, gave .the victim an option for payment to not be taken to the Police Station of either Money, Drugs, or Sex, after the victim was caught smoking marijuana in a pipe by the defendant at Lalakea Beach Park. The victim informed the defendant that she had neither money nor drugs and that she was unwilling to have sex with him, the defendant however made her undress and performed said sexual acts on her unwillingly. INV: CONTINUING Mod Sev Booking No . Arrested For I Pinal charge '32 707?0732 SEX ASLT 3 FC Report No. District How Released Bail' Set Bail/Bond Posted Bail Receipt No. Bail/Bond Posted by Whom C16000758 HL Party Type Party Name Sex US Citizen Age Relationship Race Res/visitor Res Phone?? I Bus Phone 16 STRANGER . - e? . I City/State zi code I Pc of Offense Offense Date/Day. offense Time Initial Court Division/Date LALAKEA BEACH PARK '01 01 2016 FRI 1200 Synops is - On_the stated date and time said defendant was Arrested for Sex Assault A violation ofisection 707~732 of the Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line-up as being responsible for making the victim take off her top and then putting his mouth/tongue onto both the victims breasts, the defendant who was an on duty Department of Land and Natural Resources Officer in ?_Uniform at the time, gave the victim an option for payment to not be taken to the Police Station of either Money, Drugs, or Sex, after the victim was caught smoking marijuana in a pipe by the defendant at Lalakea Beach Park. The victim informed the defendant that she had neither money nor drugs and that she was unwilling to have sex with him, the defendant however made her undress and performed said sexual acts on her - unwillingly. INV: CONTINUING - Ch Arrested For Final Charge Mod Sev Booking No. 4? 707?0732 SEX ASLT 3 FC Report NO. District How Released Bail Set Bail/Bond Posted Bail Receipt No. Bail/Bond Posted by Whom C16000759 HL 5 Party Type Party Name Sex US Citizen v. Age Relationship Race Res/visitor Res Phone Bus Phone 1999 16 STRANGER 0 Address - I Cit [State I z_cde - . ..- Place of Offense Offense Date/Day Offense Il'ime Initi Court Divisrcm/Date PARK 01 01 2016 FRI 1200. Sy?opsis On the stated date and time said defendant was Arrested for Sex Assault A violation of section 707-732 of the Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line-up as being responsible for making the victim take off her clothes having her lay down face up on a beach mat while he straddled her body, took his penis out from his pants and made the victim touch his penis until he --ejaculated. The defendant who was an on duty D.L.N.R. Officer in uniform gave the victim an option for payment for not taking her to the Police Station of either Meney, Drugs, or Sex, after the victim-was caught smoking marijuana in a pipe by the defendant at Lalakea Beach Park, The victim informed the defendant that she had neither money or drugs and that she was unwilling to have sex with him, the defendant however made _her undress and performed said sexual acts on her unwillingly. INV: CONTINUING . l. Report No. - HAngx Police Dept Tracking No. ARREST REPORT 50286P5 C16000145 SID . Name 116088085 FERGUSON, ETHAN Arrested For Final charge Mod Sev Booking No. 5. . . 707-0731 SEX ASLT 2 . FB geport No. District Howl Released Bail Set Pail/Bond Bail Receipt No. Bail/Bond Posted by Whom 016000760 HL . Party Type Part Name - Sex . US Citizen Age Relationship . Race I Res/visitor Res Phone Bus Phone 1999 16 STRANGER - - ?nes I i Citiistate iode Place of 'Oft'ense'?_ Offense Date/Day Offense Time Initial Court DRision/Date BEACH PARK 01 01 2016 FRI 1200 Synopsis 0n the stated date and time said defendant was Arrested for Sex Assault II A violation-of section '707??731 of .the Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line?up as being responsible for making the victim take off her clothes and then putting his tongue into the victims mouth, the defendant who was an on duty Department of Land and Natural Resources Officer in Uniform at the time, gave the victim an option for payment to not be taken to the Police Station of either Money, Drugs, or Sex, after the victim was caught smoking marijuana in a pipe'by the defendant at while at Lalakea Beach Park. The victim informed the defendant that she had neither money or drugs and that she was unwilling to have sex with him, the defendant however made her undress and performed said sexual acts unwillingly on her. INV: CONTINUING Arrested For Final Charge Mod Sev Booking No. neport No. District How Released 'Bail set Bail/Bond Posted Bail Receipt No. Bail/Bond Posted by Whom Party Type Party Name I - Sex US Citizen DOB Age Relationship I Race Res/Visitor Res Phone Bus Phone Address city/State zip Code Place of offense . offense Date/Day offense Time Initial Court Division/Date Synopsis Arrested For Final Charge Mod sev Booking No. Report No. District How Released Bail Set Bail/Bond Posted Bail Receipt No. Bail/Bond Posted by ?honr Party Type Party Name Sex US citizen DOB . Age Relationship Race Res/Visitor Res Phone Bus Phone Address City/State zip Code I I Place of Offense offense Date/Day Offense Time . Initial ,Court Division/Date SYnopais Investigatnf:mzmm 41?. gas-11 . Bate: 31:6132915 12:00 . Loaatiun: mm mm HILG 36mm L'neup Baa-um War: 1195-? Re?er #1 m?GU?l?? Limeup By: WMIA, - l! . you have been asked to View a phatngraphic lineup. identify anytime .. Heap in mind that and and that ph-anagxraphs may um: depict. 131?. true cample other witn-easaa that ?rm: ?ag or have not: identifi Yam. are nut made-r obligation. to facial hair may. be easily changed 31cm uf aperscm. ?u not tell em! Eugene. ?ff'imaer Mam yum an ML ?igiiat-u {a _Fhma1 hm? F312 Pinata-4 0n maven I {name of; wi was she-m1 the photagraphs numerad After view I the wave photugraph?: gm I did not make a pus-i tiva idanti fi natime of any of the: muses in?ivid?als identified? a? as the. person venous-32.1513 fn-r' 5.5x Inn - 201(3) - {meseripti?tm of ?rim} {Data uri- Incident} Wi tness Print ?ame 51 mature: awn. 1' Date: 81(6132916 12 BB 183311 Loeation: mm REM HIM HI 9612:: Lineup Rae-crud; Kmar: Rapurt clatiu?l?i? Lineup Eon have beau asked to vi e-w a mutngraphic lineup. identify ahynne. Keep in mind that and 31m are nut under abligation to ia-cial hair may be easily changed Do net tell affirm: ID ?ffinar $ignatura- AH mum. 3mm - 5mmPhnm? 0n mate; I I (name: of mi tnass} was sham: the: phatagraphs numbered above. After View my the abmre ph-utagraphs: . i I ?idlmt make a pmsitiva idantifieati?n at? any of the; abaW' individuals I r*1 identified as the. pat-3021 repons-ible? for on {Bate of 1mm: dent} {mesariptiun 0f Grime} Signature Witness Print Hams . Signature FILING DATE: FILING TIME: IN THE DISTRICT OR FAMILY COURT OF THE THIRD CIRCUIT - SOUTH HILO DIVISION STATE OF STATE OF EIIN RE IN THE MATTER OF AN APPLICATION Master Police Report No.: FOR JUDICIAL DETERMINATION OF . 016000145 I HL PROBABLE CAUSE FOR WARRANTLESS) ARREST AND FOR THE EXTENDED RESTRAINT OF LIBERTY OF WARRANTLESS ARRESTEE DATE OF ARREST: January 07. 2016 - TIME OF ARREST: 1150 hours Ethan FERGUSON . (Defendant?s Name) - . APPLICATION AND DECLARATION FOR Year of Birth: 1976 JUDICIAL DETERMINATION OF PROBABLE SSN (last 4 digits): 5963 . CAUSE FOR WARRANTLESS ARREST AND SID No.: A6033035 FOR THE EXTENDED RESTRAINT OF LIBERTY OF WARRANTLESS WarrantIeSS Arrestee. APPLICATION AND DECLARATION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE FOR WARRANTLESS ARREST THE EXTENDED RESTRAINT OF LIBERTY WARRANTLESS ATTACHMENTIS) - 1. I, County of Hawai?i, Hawai?i Police Department. Fetuutuunai AMUIMUIA 'am a police officer employed by the 2. On January 07 20 16 arrested Ethan FERGUSON (hereinafter ?WarrentleSS Arrestee?). . REV. 07-01-14 . . I ORDS {7 .v isafuIILthR-T- I aw Mud/Imam 5L take of. II 3. . Warrantless Arrestee was arrested in the County of Hawai?i, State of Hawai'i, for the. following offense(s): Police Report No. and Offense Statutory/OrdinancelHAR Section(s) 016000146 SEXUAL ASSAULT 2 707-0731 016000757 SEXUAL 2 707-0731 016000758 SEXUAL ASSAULT 4 797-0733 016000759 SEXUAL ASSAULT 4 797-0733 016000760 SEXUAL ASSAULT 4 797-0733 Said arrest was effected withdut a Warrant. 4. ascertained specific facts establishing probable cause to believe that - the aforementioned offense(s) had been committed and that Warrantiess Arrestee Committed-said I as described in "Attachment(s) 3-5 which consists of 5 pages and attached hereto. 5. Based on the facts set forth herein, have reason to believe that there is probable cause for the warrantiess arrest of Warrantiess Arrestee and for extended restraint of liberty of the aboy'e-named Warrantless Arrestee. request that this Honorable Court '?nd probable cause and order further detention of the above-named person. i, Fetuutuunai AMUIMUIA . declare under penalty of law that the foregoing is true and correct to the best of my knowledge and belief. ?erg nature) PrinUe/ne: FetuutuunaiAMUlMUlA County of Hawai?i Identification No. [6 03/ I $9 instant, No. Motrldafk 1v. HPDIPAT-003B I REV. 07-01-14 RETENTION: RECORDS Snail. - IN THE DISTRICT OR FAMILY COURT OF THE THIRD CIRCUIT STATE OF IN THE MATTER OF AN APPLICATION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE FOR WARRANTLESS ARREST AND FOR THE EXTENDED - RESTRAINT OF LIBERTY OF WARRANTLESS ARRESTEE Case No. 0160901451 HL FINDING AND ORDER Ethan FERGUSON - Year of Birth: 1976 SID No.: A6088085 . Warrantiess Arrestee. FINDING AND ORDER The Court, having reviewed the Application for Judicial Determination of Probable Cause For Warrantless Arrest and for the Extended Restraint of Liberty of'Warrantless Arrestee, Declaration and Exhibit(s), if any, The Court finds and IT IS HEREBY ORDERED: VK Probable cause for the warrantless arrest exists and the extended restraint-cf .libe of the above?named Warrantiess Arrestee is hereby allowed for: ?rm] of the offenses listed on the attached Application. The following offense(s): "Police Re ort No, and Offense Statutorv/Ordinance/HAR Section(s) REV. 07-01-14 RETENTION: RECORDS The facts and circumstances set forth in the Declaration do not support a ?nding of probable cause to believe that the above?mentioned offense(s) has/have been committed and that the above-named Warrantles?s Arrestee committed said The Application for Judicial Determination of Probable Cause For Warrantless Arrest and for the Extended Restraint of Liberty of Warrantiess Arrestee is therefore WITHOUT PREJUDICE, and the Warrantiess Arrestee is ordered released and dischargedfrom custody, as to: I All of the offenses listed on the attached Application. The following offense(s) Police Report No. and Offense I Statutorv/Ordinance/HAR Section(s) GIVEN UNDER MY HAND, a ated this 3 (day 'Hawai?i, State of Hawai?i. In,? - .r . . Maxim manna- ?1 I i. (I I REV. 07?01-14 RETENTION: RECORDS I A MEI FEROLINO LIVE-IN FR ISTATE OF HAW-XII {Type of Booking} no Case PCN Booking 'Repcrt District SID Police Dept Tracking No new Police US Citizen Time in State 0010000 50286P5 963 LIFE Name sex Race DOB - . Age . 3 Height Weight FERGUSON, ETHAN. WHITE 1976 39 HI - 510 200 Hair Color Color Grade Completed School Attending susp Drug Use? BLK BRO No Residence address I City/state zip Code Res Phone 143 PUNAHELE ST. .HILO HI (803) - Residence address - Directions - stigma Mailing Address City/State Code Dependents . . 2 Marital Status spouse Employer/Last Employed Occupation SINGLE DLNR DOCARE ENFORCEMENT OFFICER susiness address City/State zip Code Bus. Phone - 35 -. - Emergency Contact Relationship Emergency Phone (808) 561?1287 Bmergency Contact Address City/state HILO zip Code HI 96720 143 PUNAHELE ST Photo Taken . Yes Photo Taken By 182000 v. Sobriety SOBER Previous Arrest Place of arrest PUNHHELE STREET Arrest Date/Day 01 07 2016 Time 1150 Beat 131 THU watch 2 Census Arresting 180311 F. AMUIMUIA Ini iat ing ngcy Di via ion Section Unit BAG 0 (Test) CMV Hilth No . No CDL No .nssisting Of?cer 182000 .EERREIRA How Arrested ON VIEW Warrant No . Case In Chief C16000145 Ml! ter CTN Telephone Call Into f) Not Wish to Make a Telephone Call Now. Signature: Dat "0fcr: e/Time: Received 13? 187642 SGT. N. ssaano bate/Time 01 O7 2016 1200' Booked Ely 180311 F. AMUIMUIA Dat e/?rime 01 07 2016 1200 . Charged sy' l'?oen Date/Time m? O?Brzouo [blg Released Date/Time Vehicle Used - Year/Make/Model Color Lic . Number state Disposition of! Vehicle Disposition of Keys Place of offense 01 01 offense Date/Day 2016 FRI Offense Time 1200 Registered Owner Driver nic. No. state apparent Injuries - Treated/Remind i Transported By 182000 Hold for Investigation Requested sy custodial Search By 180303 FERREIRA . MID . s. AMARAL Crime Type I: Dv. children present? Previous Arrest Warrant Check Warrant Ch): By 13030 Clothing worn Property "7 Medication BLUE SHIRT BLACK SHORT, SLIPPERS . . Arrested For Final Charge Mod SevB Booking No. 1. 707?0730 sex ASLT 1 707-07357 i SEX Report No. District How Released Bail Set Bail/Bond Posted Bail Receipt No. Bail/Bond Posted by Whom 016000145 HL . Party Type Party name Sex us Citizen . - Dos. age Relationship Race Res/visitor Res Phone Bus Phone -1999 16 STRANGER '0 - City/state. zip Code Initial Court Division/Date LALAKEA BEACH PARK synopsis on the stated date and time said defendant was Arrested for Sex Assault I A violation of section 707~730 of the Hawaii Revised Statutes as amended after he was positively identified by the victim vianphoto line-up as being responsible for taking off the viCtims shorts and then putting his fingers into the victims Vagina without permission, the defendant who was an on duty Department of Land and Naturai Resources Officer in Uniform at the time,-gave the Victim an option for payment to not be taken to the Police Station of either Money, Drugs, or Sex, after the victim was caught smoking marijuana in a pipe by the defendant while at halakea-Beach Park. The victim informed the defendant that she had neither money nor drugs and that she was unwilling to have sex with him, the defendant however removed victim's clothes and performed said sexual acts ormillingly. 11W: CONTINUING $40! ?013 DPA Hm'a?heo RA min-H. with as We?- Report itt By 1803' Realism {-rbm 6M +0 gm. tn. uwexvmmesregcumzav Date/Time (~7u?c?a /&20 I ?War it; IOF Ponce DO ?Mung Report No. ?o's'rsl/ccn ARREST arson-r 001.00 50236P5 (316000145 BID :1 . Name A'sossoss FERGUSON, ETHAN Arrested For Final Charge I :3 I nod 8w Booking No. 23?. 707?0739? sex ism/112' Report No . District Row Released Bail Set I 6? BaillBond Posted Bail Receipt No. Bail/Bond Posted by Whom (216000757 Hi. - 1301' Soon . P'aifty' Typ? - Part one Sex US Citizen . . . . . . QQB Age Relationship Race Res/Visitor Res Phone Bus Phone 1999 15 STRANGER Cit state. zip Code Initial Court Divisionfnate offense Bate/Day 01 01 2001 toe of Offense Synopsis ?dgthe stated date and time said defendant was Arrested for Sex Assault I A violation of section 707~730 of the Hawaii Revised Statutes as amended after he was positivsly identified by the victim via photo line-up as being responsible for taking off the victims shorts and then putting his tongue into the victims Vagina, the defendant who was an on duty Department of Land and Natural Resources Officer in Uniform at the time, gave the victim an option for payment to not be taken to the Police Station of either Money, Drugs, or Sex, after _the victim was caught smoking marijuana in a pipe by the defendant at Lalakea Beach Park. The victim informed the defendant that she had neither money nor drugs and that she was unwilling to have sex with him, the defendant however made her undress and performed said sexual acts on her unwillingly. INV: CONTINUING offense Time MON 1200 0-3?10, pans H-IeM-xoonetsenste convaci-Cd' Patio:stqu gel 4-0 9A1. (LL-Kbst Areb (1 H0 11Lva - . "Arrested For Final charge Mod Sev DBooking No. 39:51 - 707-0732?5 sax new a! per" Report No. District New Released Bai Set I Bail/Bond Posted. Bail Receipt No. Bail/Bond Posted by Whom 016000758 HL 0-001) Party Type Party Name Sex US Citizen nos Age Relationship Race Ree/Visitor Res Phone Bus Phone 1999 16 STRANGER - Address zip Code Ci tiis tats Offense Date/Day 01 01 2016 ?Flace of-Offense LALAKEA BEACH PARK amps?. . OnIthe stated date and time said defendant was Arrested for Sex Assault A violation of section 707-732 ?of the Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line-up as being responsible for making the victim take off her top and then putting his mouth/tongue onto both the victims breasts, the defendant who was an on duty Department of Land and Natural Resources Officer in Uniform at the time, gave the victim an option for payment to not be taken to the Police Station of either Money, Drugs, or Sex, after the victim was caught smoking marijuana in a pipe by the defendant at Lalakea Beach Park. The victim informed the defendant that she had neither money nor drugs and that she was "Iunwilling to have sex with him, the def ndant however made her undress and perfo ed said sexual acts on her unwillingly. 11w: CONTINUING vl-ot-lb7l015 09A H'KeH-obe-m new Coo 4?861- Pgtlasrva? $153541:- amen Ckeetl) 1 Ash messes offense Time Initial Court Division/Date 1200 FRI Arrested'?or Final Charge Hod Sev Booking No. 4-: 707?07313 sex ASLT ,a/L?l *3ch Report No.- District. How Released Bail Set 00 Bail/Bond Seated Bail Receipt No. Bail/Bond Posted by Whom 016000759 HL Dar 000? - -. . arty Type Party Name Sex US Citizen ??fi-?im I Dos Relationship Race I Res/Visitor Res Phone Bus Phone 1999 STRANGER (j - 0 Address City/state - of offense. offense Date/Day offense Time Initial Court Divisionfnate LALAKEA BEACH PARK 01 01 2016 . FRI 1200 ?Synope is On the stated date and time said defendant was Arrested for Sex Assault A violation of section 707?732 of the Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line:up as being responsible for making the victim take off her clothes having her lay down face up on a beach mat while he straddled her body, took his penis out from his pants and made the victim touch his penis until he ejaculated. The defendant who was an on duty Officer in uniform gave the victim an Option for payment for not taking her to.the Police Station of either Money, Drugs, or Sex, after the victim was caught smoking marijuana in a pipe by the defendant at Lalakea Beach Park. The victim informed the defendant that she had neither money or drugs and that she was unwilling to have sex with him, the defendant however made her undress and performed said sexual acts on her unwillingly. INV: Ken-ensue Home, Redasf?-w midgets/Isis 5A 3 to set-1 Su?sm (limited ennui . . 03-. HAng I. - 9?11? Trackins No- . - unit. No. - -- 001 0286 5 5; Dare/{ton asses-r REPORT . 09;) . 5 . I 1315000145 s11? Name . . Assasoss FERGUSON, . - Arrested For - Final charge I ., Mod sov Mbsooking Ho. 707-073,? 3? sex ,2?4 ,ss? report No. District How Released Bail Set II 00 sailiso'nd Posted Bail Receipt No. Bailfsond Posted by Whom Hi. Dart" $10130 -- . Edi-ty- Type Barty Name I Sen US Citizen Age Relationship Race Res/visitor Res Phone Bus Phone - ?nes 16 STRANGER . .. 0 - ang I . City/State . 31 code i'l?n'e' or otiense Offense Dahomey OEEense Time Intial onion/Date BEACH PARK 01 01 2016 FRI 1200 1 Q??Fhe stated date and time said defendant was Arrested for Sex Assault II A violation of section 707-731 of Ithe Hawaii Revised Statutes as amended after he was positively identified by the victim via photo line-up as b?ing reSponsible for making the victim take off her clothes and then putting his tongue into the victims mouth, the defendant who was an on duty Department of Land and Natural Resources Officer in Uniform at the time, gave the victim an option for payment to not be taken to the Police Station of either Money, Drugs, or sen, ante: the victim was caught smoking marijuana in a pipe by the defendant at while at Lalakea Beach .task. The victim informed the defendant that she'had neither money or drugs and that she was unwilling to hive sex with him, the defendant however made her undress and performed said sexual acts unwillingly on her, CONTINUING ?Edg ?013 CothRG-eoh +o as encava . cease J) 1- - A's?ms: ?er Amp came. cast . I Arrested For Final. charge I I Mod Sev Booking No. liaison-t No. District How Released Bail Set Bail/Bond Posted Bail Receipt No. Bail/Bond Posted by Whom tasty Type Party Name 1 sex US Citizen . 1.: - DOB . Age Relationship Race I - Res/visitor Res Phone I Bus Phone ?at-335'} I city/state I zip Code 'slaIceI or Offense I offensenatefnay Offense Time Initial Court Division/Date sgnopsis Arrested For' . Final charge I Had Sew Booking No. Report no. District I How Released Bail Set Bail/Bond Posted sail Receipt No. BailIaond Posted by Whom Party Type Party Name Sex US citizen DosI has Relationship 'Raoe Res/Visitor Res Phone Bus Phone ?ihdf?s?i?? I . . ICity/State I zip Code 5 . . slate of Oftense Oftense Date/Day ottenee Time Initial Court Division/Date Synopsis - Immatigatm:?mxmm 1.8735311 ?ame: nuaweuv? 12mg Him ?rm Rams-m ??simazr: Reyna-rt Liam Eva?mm, "for: have been asked to vi vain-z a. phatagraphic lineup. Em: are am: mar obligatim ta identify animate. Keep in mind that and facial "hair my be "easily ?ange-d and that may nut depict. the tame campleminn a param. Em mt tell in amine: 051121153363 that yum. have at have 3361; identifier! gamma . ?f?m Name: 49' Hwy; m. ?ffinar Signatngy?z' {name mt? vi aim-ass} i. was 511mm the. airmail! phatwgraphs: I diaz'i 11m; make_ a_ msi time: intent-ti fi mating; ?of any of mm; abwa indivi?uala {:71 identified at . . - as the per?um mmns-ibla far- MSW b1? cm - 20! masurm?m 0f Grim} mate at Inaidmam Sigma-tare Wi tnassh Fix-int Mama Eminm .. g?E-E-ll . Bate: 12:00 Lanati on: Em HI 96?.25 - Lineup Rama-rd H?mnbar: Rap-anti: c1 6:39.01 :45 Lineup Hy: HWMIA, You have been asked ta view a phatngraphic: lineup. You are m1: made-r ahligation to identify a?yone. Keep in mind that and facial hair'may be easily Changed and that phq-tagmfaphs may not depict the true camplaxion a-f a person. Be not tell other witnesses that yet; have 53:33: have nod; identified anyane. car Hanna 1? IEE Officer Signature mll?mm v. ma- photographs nmarai anew. F1 did not make a pnsitiva idan identified 3.3 the persmn r?pans-ible far cm - . {?e-saription of (Trim) mate. Inf Incident} Signature Wi tam-5.3 Er:th Siguature OF SERVICE I hereby certify that an unfiled copy of the foregoing document was served upon: MICHELE KANANI LAUBACH, ESQ. 120 Pauahi St., Ste. 309' Hilo, HI 96720 by: . El electronic mail through the Judiciary Electronic Filing and Service System IXI courtjacket facsimile transmission (fax no. confirmation attached e-mail mailing via US. Postal Service EI- certified mail, return receipt requested El hand-delivery on I/ar/l? r?v OFFICE OF THE PROSECUTING ATTORNEY