Deputy prosecutor charged with harassment for shoving defense lawyer

The Honolulu deputy prosecutor who admits shoving a defense lawyer in the state courthouse has been charged with harassment.

The state Attorney General’s Office filed a criminal complaint Wednesday charging Emlyn Higa with petty misdemeanor harassment. The crime is punishable by up to 30 days in jail and a $1,000 fine.

Higa admitted that on Sept. 18 he shoved defense lawyer Myles Breiner. Higa is the second-chair prosecutor on an attempted murder case against one of Breiner’s clients. It was after a contentious pretrial hearing on the case when Higa shoved Breiner.

Breiner says Higa slammed his body into him, then used his hands to shove both of his shoulders. Breiner recently had surgery to one of his shoulders and said he experienced pain from the shove. He then had X-rays and an MRI performed to see whether any of the repairs performed in the surgery were damaged.

According to state law, physical pain is bodily injury, and anyone who causes that intentionally, knowingly or recklessly commits third-degree assault, a misdemeanor punishable by up to a year in jail and a $2,000 fine.

Breiner has asked the presiding judge in the attempted murder case to disqualify Higa. Circuit Judge Paul B.K. Wong has yet to rule on the request.

Another judge, meanwhile, granted Breiner’s request for an injunction against Higa. Honolulu District Judge Hilary Benson Gangnes handed down an injunction Oct. 8 that prohibits Higa from contacting, threatening or harassing Breiner for three years. It also prohibits Higa from visiting Breiner’s home or workplace.

The injunction does not prevent Higa from prosecuting cases involving Breiner clients, but orders him to stay at least 5 feet away from Breiner in the courtroom.