LIHUE — A man who had been high on psychedelics during an assault on an officer was sentenced to a weekend in jail.
Jacob Miller, 21, appeared before Fifth Circuit Court Chief Judge Randal Valenciano on Feb. 28 beside deputy public defender Stephanie Sato.
One of the charges was reduced from assault against a law enforcement officer in the first degree to terroristic threatening in the second degree.
The court also granted Miller’s motion to defer acceptance for a period of six months.
Prosecuting Attorney Justin Kollar said he respectfully disagrees with the sentence and believes Miller should have received 30 days in jail.
Assault against a law enforcement officer in the first degree is a class C felony while terroristic threatening is a misdemeanor.
Miller had taken mushrooms on April 15, 2014 when he went into someone’s backyard and “was laying on his back kicking, yelling and screaming,” according to court documents. Kauai police arrived to find Miller yelling and screaming in the street. One officer approached Miller and asked him to calm down.
Miller punched the officer in the nose, records said. Officers tried to arrest Miller, who resisted and struggled and was eventually tased, but not phased by the taser. Miller attempted to grab the taser from the officer, but was finally arrested.
He was originally indicted on Sept. 10, 2014 in four counts: criminal trespass in the second degree, disorderly conduct, assault against a law enforcement officer in the first degree and resisting arrest.
On Oct. 26, 2015, Miller changed his plea from not guilty to no contest to a reduced charge of terroristic threatening in the second degree, a misdemeanor, according to court records.
He also pleaded no contest to criminal trespass in the second degree and disorderly conduct. The resisting arrest charge was dropped per the plea agreement with the state.
The maximum sentence for a class C felony is five years in jail and a $10,000 fine. For the misdemeanor, the maximum imprisonment term is one year in jail and $2,000.
Miller, who has no prior convictions, was released from Kauai Community Correctional Center on Feb. 28.