WAILUKU - A 29-year-old Lahaina man who held a kitchen knife while confronting a woman and covering her nose and mouth until she lost consciousness last year was sentenced April 2 to 140 days in jail and four years' probation.
In accordance with a plea agreement, 2nd Circuit Court Judge Rhonda Loo gave Anthony L. Martin credit for the 140 days he has already served in jail and ordered him to complete domestic violence intervention services, anger management treatment, parenting classes and undergo a substance abuse evaluation and seek any necessary mental health treatment.
"For the next four years, you are going to have someone looking over your shoulder," Loo told Martin.
She added that she had concerns about Martin's honesty, noting that he told a probation officer that he was a graduate of Texas A&M University and played for the National Football League. But instead, he was a couple of classes short of graduating and had played arena football, which he said was affiliated with the NFL.
Loo said she didn't know if Martin was stretching the truth.
"You stretch a rubber band, and it snaps right back at you. I have some issues with your honestly," she said.
Loo added that she didn't believe Martin tested positive for cocaine use because he had been using a game console with cocaine on it and had not been using the drug.
"No one can get cocaine in your pores by playing PlayStation," Loo said.
She added that Martin challenged the police accusations by saying he didn't have a knife, but it was a watch that the victim saw and that he wasn't trying to struggle with the victim but instead tried to help her by holding an asthma inhaler to her mouth.
Martin told the court had he made bad choices and "honestly, I'm not that type of person."
"I'm truly sorry for everything that has taken place," he said to the victim who was in the courtroom. Deputy Public Defender Jared Brickey said: "This incident was totally out of character for him."
Brickey noted the letters of support from family and friends.
Brickey added that if Martin had stayed away from the victim, who had a temporary restraining order against him, this wouldn't have happened.
Martin could have contested the charges in a trial, Brickey said, but he decided to spare the victim from testifying and going through a trial.
"That lends credibility to that he will succeed on probation," he said.
Brickey also pointed out some inconsistencies in the charges against Martin.
The knife alleged to have been used in the incident was never found, he said. He added that a second drug test was done for Martin, in which it showed that the results were inconclusive.
But Deputy Prosecutor Tracy Jones said that the first drug test is the best test.
She said evidence showed Martin wasn't watching out for the victim's best interests.
On the day of the incident, Martin didn't go to the apartment he shared with the victim to just pick up things, Jones said. "He went there to leave a message, meaning I'm in charge, not you."
She said that, when the victim went home, she saw items strewn across the floor, a crib flipped over and a note written by Martin in lipstick or makeup that said an expletive, and that he had no money and that he wanted his baby brought to him.
Jones added that Martin's backpack contained either a pellet gun or air soft rifle, along with cocaine.
Martin pleaded no contest to reduced charges of second-degree terroristic threatening, third-degree assault and second-degree unlawful imprisonment. He also pleaded no contest to third-degree promotion of a dangerous drug and violating a temporary restraining order.
Several other charges were dismissed in accordance with a plea agreement, court records show.
The charges stem from a May 21 incident in which Martin was at an apartment in the 3600 area of Lower Honoapiilani Road around 7 p.m. Police were called after a woman reported Martin confronting her while holding a large kitchen knife, police said.
The woman believed she and their infant were in danger, police said.
In the incident, Martin covered the woman's nose and mouth, preventing her from yelling, before she lost consciousness and was dragged into the upstairs bedroom, police said. When she regained consciousness, she tried to flee but fell down the stairs when Martin reached for her leg and tripped her, police said.
She suffered two scrapes to her left leg and a bruise to her right knee.
Martin then went downstairs and threatened the woman, police said. He remained in the home and was arrested without incident.
Martin violated a temporary restraining order by contacting the woman, police said.