Kansas man accused of stabbing boat captain is indicted
A Kailua-Kona grand jury last week indicted a 21-year-old Kansas man who allegedly stabbed the 62-year-old captain of a snorkeling tour boat April 16 during a cruise.
The indictment charges Avery Nissen of Overland Park with attempted second-degree murder plus first- and second-degree assault.
Nissen had already been charged via complaint for allegedly stabbing Stanley Lurbiecki — the captain of the catamaran “No Wiki” — with a filet knife belonging to the boat.
The indictment moves the case to the Kona courtroom of Third Circuit Chief Judge Wendy DeWeese, where Nissen is scheduled for arraignment and plea this morning.
Nissen is reportedly autistic, and Kona District Judge Kimberly Tsuchiya has ordered a mental examination to determine if Nissen is fit to stand trial. The mental exam will likely continue after the case’s move to the higher court.
If convicted of the attempted murder charge, Nissen would be subject to a mandatory sentence of life imprisonment with the possibility of parole. First-degree assault is a Class B felony that carries a maximum prison term of 10 years upon conviction, and second-degree assault is a Class C felony with a maximum sentence of five years behind bars.
Nissen remains in custody at 91Ö±²¥ Community Correctional Center in Hilo in lieu of $1.57 million bail.


