UPDATE: Released Pre-trial Detainee in Police Custody

Updated at 9:13 a.m.

The Department of Public Safety has retracted it’s note that Brian Smith is anticipated to have “escape” added to his list of charges.

An official with the department says that at this time there is no escape charge.

The Hawai`i Police Department is also giving us details on the detaining of Smith.

Shortly after 11 p.m. on Thursday evening Smith reportedly called police dispatch from a Captain Cook area business to turn himself in.

Kona Patrol officers responded and Smith was taken into custody without incident.

Smith was transported to the Kona Police cellblock where he remains in lieu of $2,000,000 bail. He is scheduled to appear in court on Friday.

Smith was mistakenly released on July 24 from the Hawaiʻi Community Correctional Center. He had been in custody since June after being charged with the fatal shooting of Thomas Ballesteros Jr.

Original story published at 8:33 a.m.

The Hawai`i Island Prosecutors office has confirmed that Brian Smith is in Hawai`i Police Department custody, according to the Hawai`i Department of Public Safety on Friday morning.

Forty-nine-year-old Smith, a pre-trail detainee, was supposed to be detained on $1.15 million bail but was erroneously released from Hawai`i Community Correctional Center on July 24.

He was scheduled to appear in court on Thursday afternoon but didn’t show.

Smith is awaiting trial on Murder 1 & 2, as well as firearms charges including Ownership or Possession of a Firearm, and Carrying a Firearm in the Commission of a Separate Felony.

DPS photo of Brian Smith.

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