Fogel accepts plea for old scuffle

LIHU‘E — Eric Clair Fogel said enough is enough and that it is time for someone to take responsibility for assault charges related to a fight over three years ago.

That someone is me, he told Judge Kathleen Watanabe in Fifth Circuit Court on Tuesday. He was present to accept a change of plea to a misdemeanor offense of mutual fray.

Fogel, 56, of Hanapepe, said he did not want to continue taking court time and resources and did not want to fight this anymore despite his frustrations about the incident. The plea drops charges of second-degree assault, two counts of third-degree assault, and interference with the report.

By dropping the felony assault charges Fogel will likely not see any time behind bars.

The sentencing hearing is scheduled for late October and Watanabe said the guidelines would include a report to ensure that Fogel still has a clean record and has not incurred any new offenses since the initial April 2010 report.

Fogel was represented by Tim Tobin, who described the incident as a mutual altercation where Fogul reportedly received a head injury that required five staples in addition to the charges for injuries sustained by others. Fogel was arrested on two counts of second-degree assault on April 30, 2008.

Deputy Prosecuting Attorney John Murphy was present for the County Prosecutor’s Office. He read the amended indictment to recall that Fogel was reportedly driving near his home when he became involved in an argument among people outside that turned violent.

• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@


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