LIHUE — A Kilauea man was sentenced to felony probation and 45 days jail for an incident with a neighbor that involved a gun in 2009. Robert Keith Ellis, 50, will serve a five-year felony probation and his request to
LIHUE — A Kilauea man was sentenced to felony probation and 45 days jail for an incident with a neighbor that involved a gun in 2009.
Robert Keith Ellis, 50, will serve a five-year felony probation and his request to move off-island for a new job will be up to the probation department.
Deputy Prosecuting Attorney Shauna Lee Cahill said the incident occurred in December 2009, when a neighbor came to Ellis’ home to confront him about a parking issue. Ellis brandished a small pistol and a physical confrontation resulted with the weapon flying out of his hands, she said.
Defense attorney Richard Gronna said Ellis is medicated for a heart condition, insomnia and other physical ailments. He was startled from a restless sleep that day and picked up a weapon instead of asking “what do you want?”
“Everything went downhill from there,” Gronna said.
This inexplicable action was completely out of character for an individual who has lived an otherwise law-abiding life, Gronna added. He is a good member of the community who has raised four children who have excelled academically.
Cahill said the state agreed to remove the gun language and did not object to the deferment. She said the state would typically ask for one-year jail for a crime involving a weapon that occurs in front of children.
Watanabe said it was fortunate the incident with the gun did not result in a tragedy. She said it was also disturbing that it occurred in front of Ellis’ child.
“I was rather alarmed when I learned of the circumstances that lead to the charges and the conviction,” Watanabe said. “Any explanation does not make any sense.”
The incident brought sadness and remorse, Ellis said to the court. It was unfortunate to act out in violence after teaching his own children to solve problems through non-violence using the Rev. Dr. Martin Luther King as an example, he added.
Ellis has one other conviction for operating a vehicle under the influence of an intoxicant in 2009. He has lived with the consequences of these poor decisions and wants to move on with his life, he said.
Watanabe ordered Ellis to successfully complete an anger management course, a child-parenting class, and to undergo an alcohol and drug addiction assessment. She also ordered him to forfeit the Jenning’s 22-caliber pistol.
The court had the option of sentencing the defendant to a five-year felony prison term, and a one-year jail term for the misdemeanor second-degree assault charge.
Ellis agreed to a plea deal on March 27 that amended a first-degree terroristic threatening charge to remove language that the crime involved the use of a firearm.
The change allowed the court to grant his request to defer acceptance of the no contest plea, and with successful completion of probation the charges could be removed from his permanent record.
