Man sentenced to time served for air rifle threat
The Maui News – A 22-year-old Pukalani man who threatened a pregnant woman with an air rifle last year was sentenced Thursday to four years’ probation and given credit for the 210 days he has already served in jail.
Second Circuit Judge Peter Cahill wondered out loud if Jayvin Brittain should have more jail time.
“This is a really serious offense,” the judge told Brittain.
But Cahill said that attorneys have worked on a plea agreement and Brittain’s mother found him jobs and a car, so he can work after he is released.
“I apologize for what I have done. I learned my lesson,” Brittain said.
He acknowledged that he has performed poorly on probation in the past, but said he is “willing to give it my all.”
Brittain pleaded no contest to first-degree terroristic threatening for the incident on Aug. 25, 2016.
Around 8:40 p.m., Brittain pulled into the driveway of a home on Pahala Street in Makawao. He got out of his vehicle holding a BB gun. A woman was sitting on the porch and said she was scared when she saw Brittain holding the gun upward, according to testimony at a preliminary hearing last year.
She said she heard Brittain say, “Where’s your boy-friend?” as he dropped the gun so it pointed at her for about a half-second before he brought it down.
Police were called to the scene and arrested Brittain.
Brittain’s probation for a 2015 third-degree assault case was revoked. He was resentenced to another one-year term of probation and given credit for 97 days he has served in jail for that case.