Rape, robbery, other charges tossed out over mental illness

A state judge dismissed all charges Wednesday morning against a 49-year-old man accused of beating and raping a woman in a Mililani restaurant after determining that the defendant, Joseph Navas, will never be mentally fit to stand trial.

After he dismissed the kidnapping, sexual assault, robbery and burglary charges, Circuit Judge Richard Perkins civilly committed Navas to the Hawaii State Hospital after also determining that he poses a risk of harm to himself and others. The dismissal and civil commitment removes any jurisdiction the court has over Navas.

Perkins made his findings based on the reports of three mental health experts he had appointed to examine Navas. He is the second judge to dismiss a criminal case against Navas and civilly commit him to the State Hospital in the past five years.

Another judge dismissed a burglary charge against Navas in November 2008 after also determining that Navas was unlikely to ever be mentally fit to defend himself against the charge and that he posed a risk of harm to himself and others, based on the reports of three other court-appointed mental health experts. Those experts said Navas suffers from schizophrenia, alcohol and drug dependency, delusions, paranoia and auditory and visual hallucinations.

Navas has prior drug and car theft convictions.

In the restaurant case, Honolulu police said Navas entered the Mililani Shopping Center business on May 7, 2010, after it was closed, grabbed the woman and carried her to the back storage area, where he restrained and sexually assaulted her.

The woman told police Navas slapped her so hard he knocked out one of her teeth. She said Navas gagged her with a towel and repeatedly raped her. She escaped after two hours and ran for help.

Police found Navas in the restaurant with plastic bags he had filled with restaurant merchandise. He was half-dressed and told police he had gone to the restaurant to buy it. He also told them he was Roger Moore 007, Bruce Lee, former Gov. George Ariyoshi and others.

In the earlier burglary case, State Hospital officials released Navas to a group home in February 2009, less than two weeks after the judge signed the order dismissing the charge against Navas and civilly committing him. Navas later fled from the group home.

The restaurant victim is suing the State Hospital, the state, the shopping center and its security company. The case is scheduled to go to trial next February.