LIHUE — A Kapaa man charged with robbing a pharmacy with a Colt BB gun while wearing a Halloween mask pleaded not guilty Thursday in 5th Circuit Court. Standing next to his defense attorney, 42-year-old Walter Mills waived the reading
LIHUE — A Kapaa man charged with robbing a pharmacy with a Colt BB gun while wearing a Halloween mask pleaded not guilty Thursday in 5th Circuit Court.
Standing next to his defense attorney, 42-year-old Walter Mills waived the reading of his charges before Judge Randal Valenciano and was granted a jury trial set for Feb. 22.
Mills was originally charged on three counts, robbery in the first degree, theft in the second degree and promoting a dangerous drug in the second degree. But the judge ruled there wasn’t enough probable cause for the drug charge.
Mills’ bail is $500,000.
His attorney, Melinda Mendes, asked the court to reconsider the amount given the updated charges.
“What we’re looking at is two counts right now. Counts one and two actually merged, so legally he’s not facing extending sentencing with respect to that,” Mendes said.
The court denied the reduction request, but said it would be willing to grant another bail study, which means they will look at whether the defendant would have a place to stay or a network of support that would make a reduced bail more feasible.
Mendes said her client’s living situation and employment were not considered when the bail study was conducted.
“He can stay at his parents’ house,” Mendes argued. “So that wasn’t taken into consideration. It basically said his situation was unstable. It also said he was unemployed. So what they are basically saying is because someone is not employed they end being stuck in jail.”
Mills’ is accused of robbing the Kapaa Pharmacy around noon on Sept. 19 and making off with an estimated $1,200 in Oxycontin and Oxycodone. He was arrested at his Kapaa home Sept. 23.
Lihue Pharmacy Group President Kevin Glick said when reached by The Garden Island after the hearing he was surprised Mills pleaded not guilty because surveillance video from his store caught Mills “dead to rights.”
“It doesn’t matter to me that he did it with a knife or a gun or a club, it was armed robbery,” Glick said. “I think that we assume that risk. Robbery is part of the risk we assume as a pharmacy.”
But Glick added he’s glad Mills will have the opportunity to go before a jury.
“That’s the beauty of the American system,” Glick said. “He can have his day in court. Let the evidence be sorted out by the jurors. I think that’s really important to know how I feel about what occurred. I’m glad that he has an opportunity to go before a jury.”
Mills has seven criminal contempt of court convictions on his record between 1996 to 2001.
Prosecuting Attorney Justin Kollar said Mills’ bail amount was appropriate.
“Because of his criminal history and the violent nature of the offense as well as his statements that he was planning to commit more robberies,” Kollar said.
But Mendes said she hopes a reduced bail is set before trial proceeds.
“That’s what we are asking for, reasonable bail, so we can have the opportunity to post bail, because obviously he’s not a rich individual,” Mendes said. “That’s all we’re asking. We recognize the seriousness of the offense.”
