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Assault charges might be refiled against a 26-year-old homeless man who allegedly stabbed his wife in the back with a kitchen knife during an argument at a Waipahu shelter earlier this month.
David Kasty, 26, was charged Feb. 12 with attempted second-degree assault after allegedly stabbing his wife at about 6:30 p.m. Feb. 10 at a homeless shelter at the Lighthouse Outreach Center on Leokane Street.
District Judge Lono Lee dismissed the case without prejudice Monday after three preliminary hearings had to be continued.
The prosecutor’s office said a doctor who was supposed to testify during the first preliminary hearing on Thursday was unavailable. Then suspect was not transported to District Court for the rescheduled preliminary hearing, which was supposed to be held Friday.
At Monday’s third preliminary hearing, the complaining witness failed to appear.
The prosecutor’s office is considering whether to take the case to a grand jury for an indictment.
According to a police affidavit filed in District Court on Feb. 16, the incident started as an argument over the couple’s children at the Waipahu shelter where they live.