This decision is published in table format in the Pacific and Hawai'i reporter.
APPEAL fro THE CIRCUIT COURT OF THE FIRST CIRCUIT. (CR NO. 13-1-0635).
On the briefs: Shawn A. Luiz, for Defendant-Appellant.
Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee.
By: Nakamura, C.J., and Leonard and Ginoza, JJ.
SUMMARY DISPOSITION ORDER
Plaintiff-Appellee State of Hawai'i (State) charged Defendant-Appellant Jonathan Henley (Henley) with third-degree assault. After a jury trial, Henley was found guilty as charged. The Circuit Court of the First Circuit (Circuit Court) sentenced Henley to thirty days of imprisonment, increased his bail pending appeal from the $200 cash bail posted to $2,000 (cash only), and stayed the sentence pending appeal.
On appeal, Henley argues that: (1) there was insufficient evidence to support his conviction; (2) the Circuit Court abused its discretion in raising his bail pending appeal; and (3) the Circuit Court abused its discretion in sentencing him to jail for a first offense. We affirm.
Gary Massey (Massey), the complaining witness, was sixty-eight years old and employed as a security guard at the Colony Surf hotel and condominium (Colony Surf). Henley was nineteen years old at the time of the charged offense.
Sometime after 10:30 p.m. on November 9, 2012, Massey and police officers responded to noise complaints regarding an apartment at the Colony Surf. There were 20 to 25 people in the apartment. The police and Massey asked those present to leave and cleared the apartment, until only the renter and two others remained. At about 12:30 a.m., Massey and the police returned to the apartment because the people who had been cleared out had returned and were again making noise.
Massey escorted Henley and Kalanikapu Copp (Copp) out of the building. According to Massey, Henley directed a " barrage of insults" at Massey and called Massey a " fucking faggot haole." When they reached the bottom of the stairwell, Massey put his hand on the door to hold it open. Henley then head-butted Massey above the right eye. Massey felt a great deal of pain. Massey fell backward and Henley threw a couple of punches at Massey. While Henley stood over Massey, Massey grabbed one of Henley's testicles, causing Henley to scream and jump off Massey. During the ensuing struggle, Massey was also punched or kicked in the head.
Henley's and Copp's version of the incident differed from Massey's version. According to Henley and Copp, Massey was the aggressor and initiated contact by grabbing Henley's arm. In response, Henley shoved Massey, and a struggle ensued during which Massey grabbed Henley by the testicles. ...