Trending
The Maui News
WAILUKU -- A 15-day jail term was ordered for a Kihei man who was described as "extremely intoxicated" when he fired a gun, with a bullet hitting a car that was traveling on South Kihei Road.
Alika Brooks, 43, was given a chance to keep a felony conviction off his record if he complies with court requirements for the next four years.
"I don't in any way condone in any way, shape or form what happened that night," Brooks said at his sentencing July 16. "Obviously, alcohol is a factor. I'm just very sorry."
He had pleaded no contest to carrying a loaded firearm on a public highway and a reduced charge of second-degree terroristic threatening. Fourteen other charges were dismissed in exchange for his pleas.
Defense attorney Matthew Nardi said Brooks and his wife were at a bar June 26, 2018, when he got into an argument with someone he thought had been harassing his wife at work.
Brooks was asked to leave the bar, Nardi said. He said Brooks went to his vehicle, retrieved a 9 mm semiautomatic handgun and fired it several times, with one bullet going across South Kihei Road.
The bullet hit a car that a woman was driving, said Deputy Prosecutor Mike Kagami.
He said police reported that six shots were fired. "That means six people could have got shot that night," Kagami said.
Nardi said Brooks recently had been living in Washington, where he had a concealed firearm permit.
"He's very into protecting his family and thought that having a concealed weapon would work to that benefit," Nardi said. "Unfortunately, now it's had the complete opposite effect.
"I don't think anybody was thinking Mr. Brooks was trying to shoot at anybody. It was a real stupid maneuver on his part. He was extremely intoxicated. It is a huge departure from who he would be under normal circumstances."
Brooks asked for a chance to keep the convictions off his record.
"Nobody is more ashamed, embarrassed, disgusted about what he did back in June 2018," Nardi said. "He's horrified. He became someone contrary to the person he is.
"He's an honorable man -- loyal, dedicated, a hard worker, somebody you would be lucky to have as a friend or as a neighbor."
Brooks went back to the police station to apologize to officers, Nardi said. "He made their jobs unnecessarily scary," Nardi said. "He jeopardized all he holds dear. The only comfort he finds in this situation is the knowledge that nobody got hurt."
The prosecution didn't object to Brooks' request for a chance to keep the convictions off his record.
Second Circuit Judge Peter Cahill noted that Brooks' father is a retired police officer. "He does come from a family with law enforcement background," Cahill said. "This was somewhat of an aberration."
"Although there wasn't an intent to harm, there was an intent to shoot," Cahill said. "The intent to harm doesn't need to be there when you shoot a gun."
Cahill granted Brooks' request for a chance to keep the convictions off his record.
Brooks was allowed to serve the jail term on weekends so he could continue working and pay $3,339 in restitution to the woman whose vehicle was damaged. He was ordered to make monthly payments so the total would be paid off in six months.
Brooks also was ordered to complete anger management treatment and to perform 240 hours of community service.
He was ordered not to consume alcohol or illegal drugs.