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BB gun threat leads to 30-day jail term sentence

The Maui News

WAILUKU — A Kihei man is serving a 30-day jail term for threatening two people with what they thought was a firearm after they saw his vehicle back into a car in a Kihei parking lot.

At his sentencing Feb. 14, Azton Cayetano, 22, said the weapon was an airsoft BB gun that he returned to the store a couple of days later.

He had pleaded no contest to first-degree terroristic threatening.

“He did something extremely foolish and disturbing that day,” said Deputy Public Defender Ben Lowenthal. “He wants to continue a positive trajectory in his life. These days of doing reckless and scary things are past him.”

On March 18, 2018, Cayetano and a female walked into the Kihei Safeway store, loaded a cart with several items and began walking out, said Deputy Prosecutor Chayah Skye.

When an employee confronted them, Cayetano yelled, “I paid for these,” she said.

The commotion caught the attention of two tourists, who were sitting outside eating.

Cayetano got into his Toyota Tacoma parked in front near the store and backed up, hitting another car, Skye said.

She said the tourists walked over to get the license plate number of the Tacoma when Cayetano pulled up close to them, reached into the glove compartment and pulled out what they believed was a silver firearm with a black handle.

She said Cayetano rolled down the passenger window, pointed the weapon at the tourists and said, “What did you monkeys see? You didn’t see anything.”

Then Cayetano drove away.

Skye said the prosecution was satisfied that the weapon was an airsoft gun.

Second Circuit Judge Richard Bissen followed a plea agreement in sentencing Cayetano. He was placed on four years’ probation and was ordered to pay $500 in restitution for the insurance deductible for the damaged car.

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