A 55-year-old Mountain View man arrested last year after pointing a pellet gun at two police officers was sentenced Tuesday to four years probation.
A 55-year-old Mountain View man arrested last year after pointing a pellet gun at two police officers was sentenced Tuesday to four years probation.
Hilo Circuit Judge Glenn Hara also sentenced Jonathan Rodrigues Sr. to 30 days jail with credit for time served and took the remainder of the jail time under advisement, which means he won’t go to jail if he stays out of trouble while on probation.
Rodrigues pleaded guilty Feb. 6 to first-degree terroristic threatening, a Class C felony punishable by up to five years imprisonment. Under terms of a plea deal, a second count of first-degree terroristic threatening was dropped by prosecutors.
Christopher Bridges, Rodrigues’ court-appointed attorney, noted his client has no prior felony convictions and his last conviction was in 1997.
“Since 1997, which is 17 years ago by my math, Mr. Rodrigues has been living a pro-social, law-abiding life here on the Big Island,” Bridges said. “… This case did involve him having an inoperable pellet gun. He came out to see what the ruckus was in his driveway. It turned out being police, who felt threatened by the gun.”
He noted Rodrigues is “getting older” and has significant health issues.
“He goes to kidney dialysis three times a week and is on the list to get a kidney transplant,” he said. “Basically, his life is hanging out at his home and trying to get healthy.”
Bridges also asked Hara to grant a deferral of Rodrigues’ guilty plea, which would wipe the felony conviction from his record after successful completion of probation.
Deputy Prosecutor Joseph Lee said “based on the facts of this case and based on Mr. Rodrigues’ physical condition … the agreement is appropriate.”
“In regard to deferral, we will take no position,” he added.
Police responded to Rodrigues’ Keola Place home Sept. 2 after receiving a report at about 8:30 p.m. about an affray involving a machete. When officers arrived, Rodrigues’ 25-year-old son, Jonathan Rodrigues Jr., reportedly ran into the forest. After emerging at about 11 p.m., he was taken to Hilo Medical Center where he was treated for what police called “substantial bodily injuries” and later released. After his release from the hospital, police arrested him on two unrelated bench warrants for contempt of court.
The pellet gun incident occurred about 7:09 a.m. the following morning, and Rodrigues Sr. was taken into custody at about 7:20 a.m., police said.
Lee told the court Feb. 6 that Officer Paul Mangus, one of the responding officers, didn’t realize the gun was a pellet gun and feared for his life.
“Mr. Rodrigues, I think you can understand the police reaction to what you did,” Hara said, and Rodrigues nodded in agreement.
“What kind of pellet gun did you bring out there?” the judge asked.
“It was a broken one,” Rodrigues replied.
“If you were to bring it into court today and show it to me, could I tell it was broken?”
“No.”
Hara granted Rodrigues the deferral.
“Based on what I heard in court today, the court will find that you are not likely to engage in a further course of criminal conduct,” the judge said. “And the interest of justice and the welfare of society does not demand that you personally suffer the full effects of the violation of law that you engaged in.”
Email John Burnett at jburnett@hawaiitribune-herald.com.