(BIVN) – Following a judge’s decision to dismiss the charges, prosecutors obtained a second Indictment in the case of an alleged sexual assault that occurred in Volcano back in April 2021.

From the Hawaiʻi County Office of the Prosecuting Attorney:

Today, Prosecuting Attorney Kelden Waltjen announced that Prosecutors have reindicted 49 year-old James Michael Taylor, also known as, Alex Daniel Mejia Taylor of Volcano after a Hilo Circuit Court Judge dismissed four of his six pending charges, including four sexual assault offenses, on May 9, 2023. The Court had granted defense counsel’s request to dismiss the charges because the previous Indictment, filed on April 14, 2021, did not specifically allege between one or more of the defined forms of “strong compulsion.” Following the decision to dismiss the charges without prejudice, the Court reduced Taylor’s bail from $187,000.00 to $27,000.00.

Prosecutors say “the charges stem from an incident that occurred in the early morning hours of April 11, 2021, within the yard of a 57 year-old female party’s Volcano residence. The female party had went outside of her residence to check on a barking dog when she was allegedly tackled and sexually assaulted.”

Hawaiʻi Police said they located the suspect, later identified as Taylor, “sleeping in the bushes on a neighboring vacant lot a short distance from the victim’s residence.” Taylor was arrested without incident.

From the Prosecuting Attorney:

On May 17, 2023, Prosecutors presented the case, now a second time before a Hilo grand jury, and obtained a second Indictment. As the Indictment alleges, Taylor is charged with two counts of Sexual Assault in the First Degree, and one count each of Attempted Sexual Assault in the First Degree, Sexual Assault in the Third Degree, Kidnapping, and Assault in the Third Degree.

On May 19, 2023, Taylor made his initial appearance in Hilo Circuit Court on the new Indictment and his bail was again set at $187,000.00. Taylor’s case was scheduled for jury trial on June 19, 2023.

The investigation was led by Detective Corina McLellan, Area I Juvenile Aid Section, Hawai‘i Police Department. The case is being prosecuted by Deputy Prosecuting Attorney Ha‘aheo Kaho‘ohalahala, Supervisor of the Sexual Assault Unit.

The charges are merely allegations, and the Defendant is presumed innocent unless and until proven guilty.

The Office of the Prosecuting Attorney remains dedicated to the pursuit of justice with integrity and commitment. Anyone having information to assist local law enforcement should call Crime Stoppers at (808) 961-8300.