Question: Everyone wants to know, especially those in Manoa terrorized by Yama Fazzari, why is he repeatedly released on bail, and why is bail set so low? How is he allowed to get back on the streets to threaten and terrorize others? Who makes these decisions?
Answer: Despite the number of crimes allegedly committed by Yama Fazzari, they were of a "severity" that allowed release on bail.
However, he is now in custody awaiting trials for various cases. The cases were presided over by several different judges.
"It should be noted that the intent of bail is to ensure a defendant’s appearance in court, not incarceration," said Dave Koga, spokesman for the city prosecutor’s office. "Bail is set by a judge and generally reflects the severity of the offense."
Koga also explained that if a defendant cannot afford bail, he can turn to a bail bond company, which will guarantee payment to the court for a fee, typically 10 percent of the bail amount.
"This is a contractual agreement signed by the defendant or a co-signer who can provide collateral," he said.
If a defendant doesn’t appear as scheduled in court, bail is forfeited, and a bench warrant is issued for his or her arrest.
In Fazzari’s case, Koga saidhe posted bonds of $25,000 and $30,000 on a felony terroristic threatening charge, $1,000 for misdemeanor assault and $750 on a petty misdemeanor charge while "also benefiting from two court rulings."
In one ruling he was allowed out on supervised release. In the other he was allowed bail despite the prosecutor’s request that bail be denied.
We noted that Fazzari has been described as homeless, but Koga said the prosecutor’s office does have an address for him, although "we understand that he may not have resided there at all times."
Meanwhile, Fazzari, at least initially, was able to find a co-signer for his bonds.
Asked whether there has been any move to have Fazzari’s mental condition assessed, Koga said, "That is likely to be addressed when he goes to trial."
Timeline of Cases
Koga provided this summary of Fazzari’s cases:
» Feb. 24: Charged with harassment, a petty misdemeanor, in an incident at Manoa Valley District Park.
A judge granted him supervised release, pending trial. Eventually he pleaded no contest to the charge and was sentenced to seven days in jail and a $30 fine.
» Feb. 26: While on supervised release, he was arrested in a terroristic threatening incident at Ala Moana Center. Terroristic threatening is a felony, and bail was set at $25,000, which he posted through a bail bond company.
» May 27: He failed to appear at a hearing in the terroristic threatening case, and the court issued a $30,000 bench warrant for his arrest. On June 6 he was arrested on the warrant and again posted bond.
» June 10: The state filed a motion to deny bail in the terroristic threatening case. On June 30 that motion was denied by a judge.
» July 1: He allegedly punched a man at a Waialae Avenue bus stop. He was charged with third-degree assault, a misdemeanor, and posted $1,000 bond. He is scheduled for a bench trial in October.
» Aug. 20: He was arrested for allegedly soliciting a prostitute, a petty misdemeanor. He posted $750 bond and is scheduled for a bench trial in October.
» Aug. 22, Fazzari allegedly punched a man at Kahala Community Park. He was arrested Sept. 4 for third-degree assault in that case and taken into custody. He was unable to post $1,000 bail and is scheduled for a bench trial on this charge Wednesday.
Also on Sept. 4, an Oahu grand jury re-indicted him in connection with the terroristic threatening case. Three more incidents and five more victims were included.
"The state contended that his continued acts were indicators of dangerousness, and bail was set at $75,000," Koga said.
A jury trial is scheduled for November. He remains in custody.
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