HONOLULU (AP) - The Latest on a murder defendant mistakenly released from a Hawaii jail (all times local):
11 a.m.
Hawaii’s public safety director is apologizing for setting free a man who is charged with murder.
Nolan Espinda told reporters Friday he regrets the error that led to the release of Brian Lee Smith.
Espinda says Smith was released from a Big Island jail Tuesday but officials didn’t realize it was a mistake until Thursday morning. He says it took hours to issue a news release because officials were trying to figure out what happened.
Espinda says jail staff who released Smith believed at the time they were doing so correctly. He says details are being investigated.
Smith is back in custody after turning himself in to police. He’s charged with the June shooting death of Thomas Ballesteros Jr.
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9:25 a.m.
Hawaii’s state Department of Public Safety says a murder suspect mistakenly released from a jail isn’t expected to be charged with escape.
The department said Friday Brian Lee Smith was back in police custody after he was mistakenly released from a Big Island jail three days ago. The department initially said he would face a new charge of escape, but later said that was an error.
Hawaii County Deputy Prosecuting Attorney Mark Disher says because the jail released him, prosecutors don’t expect to charge him with escape.
Smith was charged with murder in connection with the June shooting death of 42-year-old Thomas Ballesteros Jr.
Police spokesman Alan Richmond says Smith called police from a pay phone Thursday night to turn himself in.
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8:45 a.m.
A man mistakenly released from a Hawaii jail while awaiting trial for murder called police to turn himself in.
Hawaii County police spokesman Alan Richmond says Brian Lee Smith called police from a pay phone Thursday night and told them where he was in the Kona rea. Police then picked him up and took him to a cellblock where he remained Friday.
The state Department of Public Safety said Smith was released from a Big Island jail on Tuesday. A $2 million warrant for his arrest was issued after he didn’t show up for court.
Smith was charged with murder in connection with the June shooting death of 42-year-old Thomas Ballesteros Jr. Smith is scheduled to go to trial in November.
The department says he now faces an escape charge.
Smith’s attorney Jason Kwiat said Thursday that he had been in touch with his client after his release. Kwiat couldn’t immediately be reached Friday.
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8:30 a.m.
A man mistakenly released from a Hawaii jail while awaiting trial for murder is back in custody.
The state Department of Public Safety said Friday Brian Lee Smith is now facing a new charge of escape.
Department spokeswoman Toni Schwartz says she doesn’t have details beyond confirmation that police captured him.
The department announced Thursday that he had been mistakenly released from a jail on the Big Island on Tuesday.
Smith was charged with murder in connection with the June shooting death of 42-year-old Thomas Ballesteros Jr. Smith is scheduled to go to trial in November.
Smith’s attorney Jason Kwiat said Thursday that he had been in touch with his client. Kwiat couldn’t immediately be reached Friday.
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