Superior Court Associate Judge Kenneth L. Govendo ordered yesterday the immediate release of former firefighter Jergerson Techur Koshiba from jail.
As this developed, the Office of the Attorney General filed yesterday a new information charging the 43-year-old Koshiba with the same charge of sexual abuse of a minor in the second degree.
It means that even if Koshiba was released immediately, he could be arrested again with the filing of the new information.
In a written order yesterday, Govendo ordered Koshiba’s immediate release because the offense of disturbing the peace carries a maximum sentence of six months and the defendant has been incarcerated at the Department of Corrections since Feb. 27, 2016.
Govendo, who decided on the disturbing the peace charge, found Koshiba guilty of this offense and sentenced him to six months imprisonment, with credit for 218 days of time served.
On Friday, the judge declared a mistrial on the jury count of sexual abuse of a minor in the second degree. He dismissed the charge after finding that the jury was unable to reach a unanimous verdict.
Defense attorney Joaquin DLG Torres, counsel for Koshiba, argued that his client should be immediately released after Friday’s mistrial because the court has no more jurisdiction in this case.
Govendo heard the release issue yesterday morning.
Assistant attorneys general Betsy Weintraub and Shannon Foley represented the government.
The government accused Koshiba of touching the private parts of a 9-year-old girl at a residence in Navy Hill last Feb. 26. The trial commenced last Monday, Sept. 26, and concluded on Friday.