i JUSTIN F. KOLLAR 8894 Prosecuting Attorney JENNIFER S. WINN 7245 Deputy Prosecuting Attorney County of Kaua'i, State of Hawai'i 3990 Ka'ana Street, Suite 210 Lihu'e, Hawai'i 96766 Telephone: 808-241-1888 Fax: 808-241-1758 Email: opacriminal@kauai.gov Electronically Filed FIFTH CIRCUIT 5CPC-18-0000330 13-DEC-2018 04:06 PM Attorneys for STATE OF HAWAI'I IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII STATE OF HAWAII CR. NO. COUNT 1: ATTEMPTED MURDER IN THE SECOND DEGREE(C18-04851) VS. FORREST CASSIDY WILSON BROYLES, COUNT 2: BURGLARY IN THE FIRST DEGREE(C18-04851) Defendant. COUNT 3: CRIMINAL PROPERTY DAMAGE IN THE SECOND DEGREE(C18-04851) COUNT 4: TERRORISTIC THREATENING IN THE FIRST DEGREE(C18-04851) INDICTMENT INDICTMENT The GRAND JURY charges: COUNT 1: On or about the 3rd day of December, 2018, in the County of Kaua'i, State of Hawai'i, FORREST CASSIDY WILSON BROYLES did intentionally engage in conduct which is a substantial step in a course of conduct intended or known to cause the death of Timothy Strauwald, thereby committing the offense of Attempted Murder in the Second Degree, in violation of Hawai'i Revised Statutes Sections 705-500, 707-701.5, and 706-656. If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be subject to sentencing in accordance with Section 706-661 and Section 706-662(4)(a) of the Hawai'i Revised Statutes where he is a multiple offender in that is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony, and an extended term of imprisonment is necessary for the protection of the public. If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be sentenced to a mandatory minimum period of imprisonment without the possibility of parole in accordance with Section. 706-606.5 of the Hawaii Revised Statutes where he is a repeat offender as he was previously convicted, on or about December 7, 201 7, of two counts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, all class C felonies, under criminal number 5CPC-17-00001 71, and the instant offense, or any included felony offense, was committed within 5 years of that prior conviction. For the trial or guilty/no contest plea proceedings, as well as sentencing, underlying the conviction of two counts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, under criminal number 5CPC-17-00001 71, FORREST CASSIDY WILSON BROYLES was represented by counsel or waived the right to counsel. COUNT 2: On or about the 3rd day of December, 2018, in the County of Kaua'i, State of Hawai'i, FORREST CASSIDY WILSON BROYLES did intentiol}ally enter or remain unlawfully in a building, to wit: residence of 2 Timothy Strauwald, situated on Ihilani Place, in Kapa'a, Hawai'i with intent to commit therein a crime against a person or property rights, and did recklessly disregard the risk that the building was the dwelling of another, and the building is such a dwelling, thereby committing the offense of Burglary in the First Degree, in violation of Section 708-8 lO(l)(c) of the Hawaii Revised Statutes. If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be subject to sentencing in accordance with Section 706-661 and Section 706-662(4)(a) of the Hawai'i Revised Statutes where he is a multiple offender in that is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony, and an extended term of imprisonment is necessary for the protection of the public. If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be sentenced to a mandatory minimum period of imprisonment without the possibility of parole in accordance with Section 706-606.5 of the Hawaii Revised Statutes where he is a repeat offender as he was previously convicted, on or about December 7, 201 7, of two counts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, all class C felonies, under criminal number SCPC-17-00001 71, and the instant offense, or any included felony offense, was committed within 5 years of that prior conviction. For the trial or guilty/no contest plea proceedings, as well as sentencing, underlying the conviction of two counts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, under criminal number SCPC-17-00001 71, FORREST CASSIDY WILSON BROYLES was represented by counsel or waived the right to counsel. 3 COUNT 3: On or about the 3rd day of December, 2018, in the County of Kaua'i, State of Hawai'i, FORREST CASSIDY WILSON BROYLES, by means other than fire, did intentionally or knowingly damage the property of Timothy and/or Amanda Strauwald, without his/her consent, in an amount exceeding One Thousand Five Hundred Dollars ($1,500.00), thereby committing the offense of Criminal Property Damage in the Second Degree, in violation of Hawai 'i Revised Statutes Section 708-821 (1)(b). If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be subject to sentencing in accordance with Section 706-661 and Section 706-662(4)(a) of the Hawai'i Revised Statutes where he is a multiple offender in that is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony, and an extended term of imprisonment is necessary for the protection of the public. If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be sentenced to a mandatory minimum period of imprisonment without the possibility of parole in accordance with Section 706-606.5 of the Hawaii Revised Statutes where he is a repeat offender as he was previously convicted, on or about December 7, 201 7, of two counts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, all class C felonies, under criminal number SCPC-17-00001 71, and the instant offense, or any included felony offense, was committed within 5 years of that prior conviction. For the trial or guilty/no contest plea proceedings, as well as sentencing, underlying the conviction of two c-ounts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, under criminal number SCPC-17-00001 71, FORREST CASSIDY WILSON BROYLES was 4 I' -. represented by counsel or waived the right to counsel. COUNT 4: On or about the 3rd day of December, 2018, in the County of Kaua'i, State of Hawai'i, FORREST CASSIDY WILSON BROYLES threatened Timothy Strauwald, by word or conduct, to cause bodily injury to Timothy Strauwald, with the use of a dangerous instrument, to wit: machete, with the intent to terrorize, or in reckless disregard of the risk of terrorizing Timothy Strauwald, thereby committing the offense of Terroristic Threatening in the First Degree, in violation of Section 707-716(1)(e) of the Hawaii Revised Statutes. If convicted of this offense or any included felony offense, FORR~ST CASSIDY WILSON BROYLES may be subject to sentencing in accordance with Section 706-661 and Section 706-662(4)(a) of the Hawai'i Revised Statutes where he is a multiple offender in that is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony, and an extended term of imprisonment is necessary for the protection of the public. If convicted of this offense or any included felony offense, FORREST CASSIDY WILSON BROYLES may be sentenced to a mandatory minimum period of imprisonment without the possibility of parole in accordance with Section 706-606.5 of the Hawaii Revised Statutes where he is a repeat offender as he was previously convicted, on or about December 7, 201 7, of two counts of Terroristic Threatening in the First Degree and one count of Criminal Property Damage in the Second Degree, all class C felonies, under criminal number SCPC-17-00001 71, and the instant offense, or any included felony offense, was committed within 5 years of that prior conviction. For the trial or guilty/no contest plea proceedings, as well as sentencing, underlying the conviction of two counts of Terroristic Threatening in the First Degree' and one count of Criminal Property Damage in the Second Degree, under criminal 5 I' • .. ,. number SCPC-17-0000171, FORREST CASSIDY WILSON BROYLES was represented by counsel or waived the right to counsel. Dated: Lihu'e, Kaua'i, Hawai'i 1>~-e,az -Z:.o\'b \"t. A TRUE BILL ·~~ Foreperson Indictment pre·sented and lO: ~I ~.m. DEC 1 2 2018 filed at c£r=== Deputy Prosecuting Attorney 6