Man released after charges dropped is arrested again

Defendant had attempted murder charge dropped

WAILUKU — A couple of days after being released from jail when an attempted murder charge was dismissed, a man was arrested again in connection with an attack on another man last year at Paia Bay.

Troy Borge Jr., 28, of Paia is charged with first-degree assault in the beating of 25-yearold Briar Lee Brossart.

Police said he suffered lifethreatening injuries after being hit with a wooden stick or club the night of Nov. 5.

Testifying last year at a grand jury proceeding, his girlfriend said she and Brossart had fallen asleep on a blanket on the grass near the Paia Youth & Cultural Center when she was awakened by the sound of thumping and saw Borge on top of Brossart, who was facedown in the grass and not moving. She said Borge had a wooden club or stick that he used to hit Brossart more than once.

Brossart was transported to Maui Memorial Medical Center, where he was in a coma until Nov. 22, according to testimony before the grand jury that returned a second-degree attempted murder indictment against Borge.

On Monday, 2nd Circuit Judge Rhonda Loo granted a defense request to dismiss the attempted murder charge after ruling that excessive hearsay was used in obtaining the indictment. The dismissal was without prejudice, allowing the prosecution to again charge Borge in the case.

On Tuesday, Loo granted a defense request to release Borge from the Maui Community Correctional Center.

He was arrested Thursday afternoon on a new warrant charging him with first-degree assault, police records show.

In court Friday morning, Borge pleaded not guilty to the charge.

With his bail set at $50,000, defense attorney Hayden Aluli asked for Borge to be released on an unsecured bond that his mother would sign. Aluli said Borge has no substantial criminal history and could be placed on electronic monitoring.

After his release from jail, Borge was waiting for the end of his 14-day quarantine so he could be admitted into residential drug treatment at Aloha House, Aluli said.

Deputy Prosecutor Sally Tobin said the prosecution wanted confirmation of the representation that Borge could enter the drug treatment program before any release is considered.

Judge Loo kept his bail at $50,000 pending a hearing Tuesday before 2nd Circuit Judge Kelsey Kawano.

A June 22 trial is set for Borge.

Lila Fujimoto can be reached at lfujimoto@mauinews.com.