StarBulletin.com

Inmate back in jail facing new charges


By

POSTED: Friday, October 24, 2008

Less than three hours after he allegedly helped beat a man unconscious in Waianae Saturday, one of the suspects in the beating turned himself in at Oahu Community Correctional Center to continue serving his weekends-only jail term for previous crimes.

Jordan A. Simmons, 21, of Waianae remains in OCCC, unable to post $100,000 bail.

An Oahu grand jury indicted Simmons and Curtis K. Rivera, 23, also of Waianae, with first-degree assault yesterday. The indictment also charges Rivera with terroristic threatening, using a firearm to commit the crime and a firearm possession violation.

Rivera also remains in custody, unable to post $100,000 bail.

The two men are accused of beating Kelii A. Harris, 29, at the Waimaha-Sunflower state housing project on McArthur Street at about 6:40 a.m. Saturday.

An ambulance took Harris in critical condition to the Queen's Medical Center, where he remains in a coma, said Leilani Tan, deputy prosecutor. Rivera beat Harris because he suspected Harris of stealing his girlfriend's car, Tan said.

She said that Rivera hit Harris with the butt of a rifle, causing the weapon to fire off a round that nearly hit Simmons.

Simmons had previously pleaded guilty or no contest to auto theft, operating a vehicle without a valid driver's license, escape and second-degree assault. The assault was the result of a fight between two gangs at Yokohama Bay in February 2007 in which Simmons and another defendant beat their victim with baseball bats after the victim fell to the ground from a surprise blow, according to court records.

Circuit Judge Richard Pollack denied Simmons' request for a chance to keep the convictions off his record, and sentenced him July 17 to five years' probation. As a condition of the probation, Pollack ordered Simmons to jail for a year but suspended the jail term as long as Simmons reported to OCCC every weekend for the next six months. Simmons was to report to OCCC every Saturday by 9 a.m. and was to be released at 5 p.m. every Sunday.

By the time police arrived at Waimaha-Sunflower Saturday, Harris' assailants had already fled. They arrested Simmons Sunday afternoon at OCCC. Police arrested Rivera at his home Sunday evening.

Rivera pleaded guilty to a misdemeanor assault in January 2004. After staying out of trouble for a year, the court removed the conviction from his criminal record.

Harris is on probation for second-degree robbery, drug promotion and drug paraphernalia possession.