A 37-year old Volcano man indicted Wednesday by a Hilo grand jury could be sentenced to 20 years in prison if convicted of the brutal beating of a 75-year-old woman April 10 outside a Waiakea Villas bar in Hilo.
The indictment on a single count of first-degree assault — a Class B felony offense that normally carries a maximum prison sentence of 10 years upon conviction — states Zachary Babosh is subject to extended terms of imprisonment because the victim, Paulette Stabile, is elderly. If extended terms are imposed by the court, that could mean double the prison time.
The indictment also states Babosh could face a mandatory minimum term of imprisonment without parole because he is a repeat offender.
A bench warrant issued with the indictment set Babosh’s bail at $100,000. Babosh has been incarcerated since his arrest April 20 by Honolulu police and the U.S. Marshals Service at a Waikiki hotel.
Babosh and Stabile were both patrons at Hale Inu Sports Bar, and the attack occurred after closing time, according to court documents filed by police.
Documents state Stabile suffered multiple facial fractures, three missing front teeth, heavy bruising and swelling to both eyes, the bridge of the nose, mouth and left side of her face. She also sustained 2-inch lacerations under her left eye and above her upper lip.
An emergency room physician at Hilo Medical Center filled out a form obtained by police, which stated Stabile suffered a serious concussion in addition to the previously described injuries, documents state.
Stabile was admitted to the hospital but has since been released.
Babosh was on a four-year probation sentence for an Oct. 28, 2019, conviction for first-degree terroristic threatening, a Class C felony. Terms of Babosh’s probation, according to court documents, is that he “shall not possess, use, or consume any intoxicants, or be in bars or other places where alcohol is the primary item of sale or consumption.”
Documents state that on April 12, Stabile told police she recalled that between 2 a.m. and 2:30 a.m. on the morning of the attack, she helped the bartender, Amy Arruda — identified in the documents as Babosh’s girlfriend — clean up some bottles and cans. Stabile reportedly told police she was walking to her car after finishing, felt someone grab the right side of her neck and shoulder and pull her back. She turned around and saw it was Babosh, but couldn’t remember anything after that.
Arruda allegedly told police she tried to prevent the altercation between Stabile and Babosh. Arruda reportedly told officers Stabile was arguing with Babosh, who tried to walk away, that Stabile hit Babosh first, then Babosh hit Stabile, who fell to the ground. Arruda said she tried to stop Babosh from hitting Stabile but was herself thrown to the ground.
Arruda told police, documents state, she didn’t call 911 or the police “due to unfavorable past contact with them.”
Arruda, instead, called another woman, described in documents as “a friend and patron of the bar,” asking her to come to the bar with her first-aid kit, and telling her Babosh had hit Stabile. That woman, in turn, called 911 and the bar owner, Geraldine Bibilone.
Police arrived at the scene at 2:55 a.m. to find Fire Department medics treating Stabile prior to taking her to the hospital.
Hale Inu’s surveillance video system wasn’t working, according to documents, but police obtained video from a nearby business that showed a “male party, believed to be Babosh,” grabbing a “female party, believed to be Stabile,” by the neck, slam her to the ground, then repeatedly strike her.
The video also showed “another female, believed to be Arruda,” trying to stop the assailant but was forcefully shoved to the ground twice.
Source: Hawaii Tribune Herald