Prosecuting Attorney Kelden Waltjen announced that a Kona jury returned a verdict last Thursday finding a Kona man, 25-year-old Tyson I. Zwicker, guilty as charged of Habitually Operating a Vehicle Under the Influence of an Intoxicant. The case stemmed from an incident that occurred on December 3, 2021, on Luhia Street in Kona. Following the reading of the guilty verdict, Zwicker, who remains out of custody after posting $2,000 bail, was ordered to return for his sentencing hearing on July 25, 2022, at 10:00 am in Kona Circuit Court.
During the trial, officers testified that prior to his arrest, Zwicker displayed signs of intoxication including red, watery, and glassy eyes, and the odor of an intoxicating beverage. Officer later obtained Zwicker’s breath alcohol content which was 0.152 grams of alcohol per two hundred ten liters of breath, nearly twice the legal limit. Zwicker has two prior convictions for Operating a Vehicle Under the Influence of an Intoxicant within the past year. Those incidents occurred on January 29, 2021, and April 28, 2021.
Habitually Operating a Vehicle Under the Influence of an Intoxicant is a class C felony that carries a maximum penalty of five (5) years in prison. A “habitual operator of a vehicle under the influence of an intoxicant” is a person convicted one or more times within a ten (10) year period for the offense of Habitually Operating a Vehicle Under the Influence of an Intoxicant, or a person convicted two or more times within a ten (10) year period of the offense of Operating a Vehicle Under the Influence of an Intoxicant.
The investigation was handled by Officers Eli Cayetano and Victoria De Jesus Monteiro, Kona Patrol, Hawai‘i Police Department. The case is being prosecuted by Deputy Prosecuting Attorneys Kauanoe Jackson and Nicole Bowman.
According to the Hawai‘i Police Department, as of May 15, 2022, there have been 398 DUI arrests this year. “As we enter this graduation season, we urge the public to remember the dangers associated with impaired driving,” said Prosecuting Attorney Kelden Waltjen. “Don’t be selfish, be responsible, and plan ahead. Think about your safety and the safety of others on the road. Don’t drive impaired.”
The Office of the Prosecuting Attorney remains dedicated to the pursuit of justice with integrity and commitment. Anyone having information to assist local law enforcement should call Crime Stoppers at (808) 961-8300.
