STATE OF HAWAI‘I, Plaintiff-Appellee, vs. JOSHUA NAHULU, ERIK SMITH, JAKE RYAN BARTOLOME, and ROBERT GUS LEWIS, III, Defendants-Appellants.

The above-captioned case has been set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/.

Attorney for Defendant-Appellant JOSHUA NAHULU:
     Richard H.S. Sing of Law Office of Richard H.S. Sing

Attorney for Defendant-Appellant ERIK SMITH:
     Doris D. Lum

Attorney for Defendant-Appellant JAKE RYAN BARTOLOME:
     Pedric Arrisgado of Law Office of Pedric Arrisgado

Attorney for Defendant-Appellant ROBERT G. LEWIS, III:
      Benjamin R.C. Ignacio

Attorney for Plaintiff-Appellee STATE OF HAWAI‘I:
Brian R. Vincent, Deputy Prosecuting Attorney

NOTE: Certificate of Recusal, by Associate Justice Vladimir P. Devens, filed 03/31/25.

NOTE: Order assigning Circuit Judge Matthew J. Viola, in place of Devens, J., recused, filed 04/14/25.

NOTE: Order granting Application for transfer, filed 04/21/25.

NOTE: Order assigning Circuit Judge Brian A. Costa, due to a vacancy, filed 11/05/25.

NOTE: Certificate of Recusal, by Circuit Judge Matthew J. Viola, filed 01/06/26.

NOTE: Order assigning Circuit Judge Lisa W. Cataldo, in place of Viola, J., recused, filed 01/07/26.

NOTE: Order granting motion to continue the 1/13/26 oral argument, filed 12/30/25.

COURT: McKenna, Acting C.J., Eddins, Ginoza, JJ., and Circuit Judge Viola, in place of Devens, J., and Circuit Judge Costa, assigned by reason of vacancy.

Brief Description:
This case arises from a motor vehicle collision involving a police pursuit of a Honda Civic in Makaha. The State of Hawai‘i (“the State”) charged Honolulu Police Department (“HPD”) Officer Joshua Nahulu (“Nahulu”) with violating Hawai‘i’s law that requires that “[t]he driver of any vehicle involved in a collision resulting in injury to or death of any person . . . shall render to any person injured in the collision reasonable assistance[.]” (“fled scene charge”). Co-defendants, HPD Officers Erik Smith, Jake Ryan Bartolome, and Robert Gus Lewis III, were charged with hindering prosecution in the first degree and conspiracy to commit hindering prosecution in the first degree of Nahulu’s fled scene charge.

In the Circuit Court of the First Circuit, Nahulu and his co-defendants moved to dismiss the fled scene charge, arguing that (1) the statute is unconstitutionally vague as “involved in a collision” is not defined in such a way that is understandable by a person of ordinary intelligence; and (2) the State violated defendants’ constitutional right to be informed of the nature and cause of the accusation because the State did not define the phrase “involved in a collision.” The State filed a bill of particulars clarifying that it was not relying on a theory that Nahulu’s vehicle actually came into contact with the Honda Civic.

The circuit court denied the motions to dismiss. The Hawai‘i Supreme Court granted the State’s application for transfer of the appeal to it from the Intermediate Court of Appeals. Defendants argue that the circuit court fled scene charge should be dismissed.