Posted on: Saturday, April 23, 2005

Sentence in attack on police irks chief

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — Big Island Police Chief Lawrence Mahuna said he plans to press for tougher mandatory sentences for people who attack police officers after a Puna man was ordered to serve 180 days in jail for fighting with two Big Island policemen last year.

One officer was punched in the face and another fell and struck his head on the pavement during the scuffle in Pahoa on Sept. 25.

Mahuna said that while the sentence imposed by Hilo Circuit Court Judge Greg Nakamura on Junior K. Santiago last month was legally proper, he isn't satisfied with the outcome of the case.

Mahuna said he personally believes Santiago should have been sentenced to at least five years in prison, and said he will urge the law enforcement coalition to ask state lawmakers to set mandatory minimum five-year prison terms for people who assault police.

"I think there should be a higher price to be paid for assaulting a police officer," Mahuna said. "Nobody gets paid enough to go out there and get whacked like that — nobody."

According to police reports, Santiago was arrested after he refused an order by police to leave after a confrontation outside the Mermaid's Grotto in Pahoa. Santiago allegedly taunted officers and challenged them to fight.

In the struggle that followed, Officer Frank Mohica fell and struck the back of his head on the pavement. When Officer Daniel Rances pulled Santiago off Mohica, Santiago punched Mohica in the face, and struggled to escape from Rances, causing minor injuries to Rances, according to police reports.

Santiago, 22, was indicted for first-degree assault against a police officer for injuring Mohica, and with second-degree assault for injuring Rances. He also was indicted for resisting arrest, harassment, disorderly conduct, third-degree assault for allegedly striking another man, second-degree terroristic threatening and criminal property damage.

In January Santiago pleaded guilty to the charges of first- and second-degree assault against a police officer, third-degree assault and criminal property damage. The other charges were dropped as part of a plea agreement.

The first-degree assault charge carried a prison sentence of up to five years, and the second-degree assault charge carried a maximum sentence of up to a year in prison.

Nakamura sentenced Santiago to five years of probation and a year in jail, with 180 days of that sentence "taken under advisement" by the judge, meaning Santiago will not have to serve that time if he abides by the terms of his probation, according to Circuit Court records.

Santiago was already on probation at the time of his arrest, and was not following the terms of his probation, according to court records. His previous convictions included abuse of a family or household member, assault, criminal property damage and contempt of court.

Mahuna said he believes Santiago received a lighter sentence because he is young, and the criminal justice system is more lenient with young offenders in hopes that they will change their behavior.

Mahuna also said he sees a link between methamphetamine and other drug use, and escalating violence against police.

"We're seeing more and more of this as time goes on," Mahuna said. "I have seen the intensity, and an officer's safety is at risk when we have people like this."

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.