Man appears in gun threat case

A 29-year-old Pahoa man who allegedly threatened an acquaintance with a gun early Monday morning in Hawaiian Paradise Park made his initial appearance in court on Wednesday.

Peter “San Carlos” Johnston-Riveira is charged with first-degree terroristic threatening and three firearms offenses, including being a felon in possession of a firearm. A fourth firearm charge was dropped prior to the court appearance.

Johnston-Riveira’s attorney, Kenneth Goodenow, requested that Hilo District Judge Andrew Wilson grant his client supervised release.

“I don’t have a rap sheet … but it’s my understanding that the contempt of courts were protracted matters, are over three years old. I would also note that he also has a significant other who’s in the courtroom who has an address where he could reside,” Goodenow told the judge. “… I would also note that in his earlier matter in Circuit Court, … he didn’t miss any hearings. And that was quite some time ago.”

Deputy Prosecutor Winston Albright objected to the defense request and asked that Johnston-Riveira’s bail be maintained at $37,000.

“We would note that … the defendant admitted using marijuana on a daily basis and a methamphetamine on a monthly basis. We believe that there’s a significant risk to public safety if this defendant is bailed out,” Albright said. “We would also ask for additional terms of no contact with victim David Carter and Leona Epstein and a no threats or harm order if there is bail posted in this case.”

Wilson maintained Johnston-Riveira’s bail and issued the no contact, threats or harm order in case he is released on bail. He also set a preliminary hearing for today at 2 p.m.

According to court documents filed by police, the 50-year-old Carter told officers that he was having dinner at his 28th Avenue home in Hawaiian Paradise Park with Johnston-Riveira, and that Johnston-Riveira had become angry and accused Carter of taking his “stuff,” and then left the house.

Carter reportedly told police that Johnston-Riveira came back about an hour later with a loaded Marlin .30-.30 rifle, pointed it at him and threatened to shoot him.

Documents state that the firearm had been reported stolen in 2007.

According to court records, Johnston-Riveira was convicted in 2003 of second-degree robbery, a Class B felony punishable by up to 10 years imprisonment, and was sentenced to a year in jail including work release, and five years probation. He was also convicted of violating a protective order in 2008 and sentenced to two years probation and 60 days in jail. He was again convicted of violating a protective order in 2010, and again sentenced to two years probation and 60 days in jail.