Judge releases couple charged with attempted distribution of cocaine near West Hawai‘i school

A Kona couple accused of attempted distribution of cocaine and promoting a controlled substance near a West Hawai‘i school were released from custody Wednesday (Nov. 19) by a Kona judge despite the objections of prosecutors.

Hawai‘i County prosecutor’s office reports that 37-year-old David Jossy and 36-year-old Amy Fattorosi, both of whom were arrested and now face several drug charges following the execution of a narcotics search warrant Tuesday (Nov. 18) at a residence on Lapanui Street in Kona, made their initial appearances Wednesday morning in Kona District Court.

Lapanui Street runs adjacent to and near Kealakehe Intermediate School.

Jossy was being detained on $240,000 bail, while Fattorosi was in custody on $110,000 bail.

Prosecutors requested Judge Kimberly Tsuchiya maintain bail for both defendants, which would have kept them behind bars. Instead, the judge granted both supervised release and ordered them to return at 3 p.m. Dec. 12 to Kona District Court  for a preliminary hearing.

Jossy and Fattorosi are each charged with:

• First-degree promoting a dangerous drug (possess 1 ounce or more of cocaine).
• First-degree attempted promoting a dangerous drug (attempted distribution of cocaine of an aggregate weight of one-eighth ounce or more).
• First-degree promoting a detrimental drug.
• Promoting a controlled substance in, on or near schools, school vehicles, public parks or public housing projects or complexes.

The most serious offenses, first-degree promoting a dangerous drug and first-degree attempted promoting a dangerous drug, are Class A felonies both punishable by 20 years in prison or 10 years probation and up to 2 years in jail, if convicted.

Jossy and Fattorosi’s charges stem from officers with Hawai‘i Police Department VICE-West Section executing the narcotics search warrant Tuesday.

Police reports state VICE-West officers recovered a combined total of 60.8 gross grams of a substance that tested presumptive positive for cocaine — including 52 zip packets containing about 1 gram each of a substance that tested presumptive positive for cocaine — along with more than 200 other assorted small zip packets in different colors, a digital scale and 458.6 grams of a substance that tested presumptive positive for marijuana.

Hawai‘i Police Department VICE-West Section handled the felony narcotics investigation. Deputy Hawai‘i County Prosecuting Attorney Chase Murray is prosecuting the case.