Prosecutors secure indictment for Kansas man charged with attempted murder, assault

Avery Nissen, 21, of Overland Park, Kansas, has been indicted by a Kona grand jury after an incident on a catamaran on April 16 that led to charges of attempted murder and felony assault.

According to police reports, Nissen stabbed a 62-year-old man during a snorkel tour. Shortly after the vessel docked, Nissen was arrested, and the 62-year-old man was transported to Kona Community Hospital for treatment.

Formal charges were filed, and Nissen appeared in Kona District Court on Monday, April 20, where his bail was set at $1.57 million. The court ordered Nissen to undergo an examination to determine his fitness to proceed.

Following the grand jury indictment, Nissen is scheduled to make his initial appearance in Kona Circuit Court on Tuesday morning. He remains in custody in lieu of $1.57 million bail. As the indictment alleges, Nissen is charged with attempted murder in the second degree, assault in the first degree, and assault in the second degree.

The most serious offense, attempted murder in the second degree, carries a penalty of life in prison with the possibility of parole. Assault in the first degree is a Class B felony and carries a maximum penalty of a 10-year prison term. Assault in the second degree is a Class C felony and carries a maximum penalty of a 5-year prison term.

The charges are merely allegations, and the defendant is presumed innocent unless and until proven guilty. The case was initiated by Kona Patrol, and the felony investigation was led by Detective Bradley Llanes, Area II Criminal Investigation Section, Hawaiʻi Police Department. The case is being prosecuted by Deputy Prosecuting Attorney Aaron Masser.

Anyone with information to assist local law enforcement should call Crime Stoppers at 808-961-8300.