LIHUE — A Kapaa man will serve a year in jail for alcohol-fueled abuse and threats with a gun against his wife and an expectant woman he was having an affair with, according to a Thursday 5th Circuit Court ruling.
LIHUE — A Kapaa man will serve a year in jail for alcohol-fueled abuse and threats with a gun against his wife and an expectant woman he was having an affair with, according to a Thursday 5th Circuit Court ruling.
Jonathan Andre Peacock, 33, was sentenced to one-year in jail and a five-year felony probation for first-degree terroristic threatening. He was also sentenced to concurrent six-month jail terms and a two-year probation for misdemeanor abuse of family or household member and third-degree assault.
“We are pleased with the sentence handed down,” said Prosecuting Attorney Justin Kollar. “Domestic violence is a plague in our community that we need to defeat.”
Deputy Prosecuting Attorney Shauna Lee Cahill read details from the assault incident that stem from Peacock’s arrest on Jan. 1. His wife made a 911 to report she had been hit in the face, was choked and then threatened with a .357 magnum handgun.
Peacock and his wife were on their way home from a New Year’s Eve event when he reportedly told his wife about the affair he was having with another woman. Upon arriving home the wife said their relationship was over when Peacock, allegedly drinking, abused and threatened the woman in front of their children.
The victim of the third-degree assault spoke in court about the incident on Dec. 19, 2012. She said Peacock stalked her and threatened the life of her unborn baby if she ended the relationship.
Cahill argued for extended incarceration due to the level of violence, the level of intoxication and the use of a firearm in a threatening manner.
State Deputy Public Defender Sam Jajich said Peacock is sincerely remorseful and has taken responsibility for his actions and the alcohol abuse that likely triggered the violence. He asked for time served and probation to allow Peacock to continue working to support his family.
Peacock said he understands that he can no longer be part of his family because of restraining orders. He reflected on his own childhood and said he wanted to start again and do all he could to be a provider for his children.
Chief Judge Randal Valenciano said the court must balance the charges of violence with the defendant’s lack of a prior criminal record. He said the court was particularly troubled by the use of a firearm in an implied threat, the physical threats against an unborn child, and abuse of a spouse in front of her children that was fueled by substance abuse.
“I agree that probation is appropriate,” Valenciano said. “But a jail term is also appropriate.”
It was clear that alcohol and the extramarital affairs played a role, but Valenciano said the court is not the moral guide for the county, and would not sentence Peacock for moral transgressions.
Peacock, who changed his plea to no contest on March 7, will get credit for nearly four months time served at Kauai Community Correctional Center. While on probation he must successfully complete a domestic violence intervention program and undergo a substance abuse assessment and follow through with recommended treatment.
Peacock must also surrender the revolver, a rifle and a pellet gun as a condition of sentencing as a felon.
