Charges dropped against
man mistakenly arrested
A Circuit Court judge has dismissed the case against a Kalihi man who has been in jail for four months, accused of first- and second-degree attempted murder.
All charges against Jonathan Soriano were dropped yesterday, but at Deputy Prosecutor Franklin Pacarro's urging, the judge ruled that Soriano could be recharged at a later date.
Soriano's attorney, Myles Breiner, said the move was meant to intimidate his client, who plans a lawsuit against the city, naming the Honolulu Police Department and the city prosecutor's office for violating his civil rights.
Soriano, 26, was not released yesterday, since he is serving a six-month sentence for failing to attend a domestic-violence class two years ago. Breiner expects another judge in the domestic-violence case to rule next week on whether to release Soriano after serving four months.
Soriano had been identified in a photo lineup by two men who were shot on Oct. 18 in Kalihi during a fight with two other men. One of the victims was critically injured, while the other was not wounded.
Breiner said prosecutors ignored John Paul Madrid, who said Soriano was not the gunman. Madrid was also charged with first- and second-degree attempted murder for allegedly trying to stab the two victims during the fight.
Pacarro said the city had probable cause to arrest Soriano and could not simply take Madrid's word. He said prosecutors moved to dismiss the case as soon as they received information they had the wrong man.
On Wednesday, police charged 29-year-old Jonathan Mamaril with first- and second-degree attempted murder in the shooting, based on witness accounts.
Soriano's brother, Chester, said his brother's incarceration was tough for their parents, especially at Thanksgiving, Christmas and New Year's.
Police arrested Soriano on Oct. 29 after receiving an anonymous tip that he robbed someone at gunpoint and was also the gunman in the Oct. 18 shooting.
Family members who were in court yesterday said Soriano's mother and his 7-year-old daughter were traumatized when armed Specialized Services Division officers entered their home, had Soriano lie on the floor, handcuffed him and searched his room for a weapon. No weapon was found.
A family member said that when Soriano's mother looked out the window and saw people with guns approaching the house, she called 911, not realizing they were police.
Mamaril and Soriano share the same first name but do not resemble each other. Soriano is about 6 feet tall, while Mamaril is under 5 feet 7 inches.
Mamaril will be arraigned March 22 in Circuit Court.