The homeless man accused of beating and brutally raping a 47-year-old woman in her Mililani restaurant Friday had a burglary charge against him dismissed and was committed to the Hawaii State Hospital last year because a state judge found him unlikely to ever gain mental fitness to stand trial.

Joseph Navas, 44, is facing trial in state court for kidnapping, robbery, burglary, and multiple counts of first- and third-degree sexual assault. An Oahu grand jury returned an indictment against him yesterday.

The state says Navas entered the restaurant after it closed, grabbed the owner, who was alone, and carried her to the back storage area, where he restrained and sexually assaulted her.

The woman escaped and ran for help. Police found Navas in the restaurant with two plastic bags he had filled with restaurant merchandise.

Navas remains in custody in lieu of $250,000 bail.

    Navas' mental, drug history causes concerns

 

 

Joseph Navas has been out of the State Hospital more than a year because doctors determined he was not an imminent danger to himself or others.

 

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He was previously in custody for a 2006 burglary. However, a state judge dismissed the charge in February last year and civilly committed Navas to the State Hospital.

A panel of court-appointed mental health experts told the judge he was unlikely to ever be able to assist a lawyer in defending him against the burglary charge.

They said Navas has a long history of schizophrenia and alcohol and drug dependency. They also said he suffers from delusions, paranoia, and auditory and visual hallucinations.

The experts said Navas rambles on unintelligibly and exhibits bizarre arm movements. They told the judge Navas presented a risk of harm to himself and others if he were released into the community.

Records indicating when officials released Navas from the State Hospital are confidential.