WAILUKU - A Wailuku man is expected to be recharged in a case alleging that he threatened Mayor Alan Arakawa, after a terroristic threatening charge was dismissed Wednesday because a trial hadn't started within six months of the defendant's indictment.
Austin Gerard Jr., 25, was indicted by a grand jury in December 2012 on the charge of first-degree terroristic threatening, according to court records. He was arrested on the indictment in September.
Deputy Public Defender William "Pili" McGrath sought the dismissal for Gerard because more than 180 days, or six months, had passed since Gerard was indicted.
Deputy Prosecutor Carson Tani said the prosecution wasn't contesting the dismissal, based on a calculation that 331 days had passed since the indictment.
Second Circuit Judge Rhonda Loo dismissed the charge without prejudice, meaning it can be brought again. She said she granted the dismissal without prejudice based on the seriousness of the offense and the facts and circumstances.
The threat was reported June 12, 2012, when a woman walking her dogs near the employee parking lot of the Kalana O Maui building reported encountering a man with a knife at about 7:35 a.m. When she asked the man what he was going to do with the knife, he told her he was going to "murder the mayor," police said.
Security footage showed the man entering the county building. He went to the ninth floor and asked to see the mayor. The front desk receptionist told the man that the mayor wasn't in yet and asked the man to sign in so she could make an appointment. Police said the man was rambling and left a first name and his phone number, then left.
Police identified the man as Gerard, who was arrested at his residence later that morning. Because a preliminary investigation showed that Gerard may have been suffering from possible mental health issues, police said, he was transported to Maui Memorial Medical Center for evaluation.
Police reported recovering a kitchen knife with a 6-inch blade near Gerard at his residence.
"Since that time, Mr. Gerard has been in mental health counseling and is always compliant with his medication, which he wasn't at the time," McGrath said.
Gerard had posted $10,000 bail to be released after his arrest.
* Lila Fujimoto can be reached at firstname.lastname@example.org.