State v. Adam11/26/2001
loaded a clip into the weapon, pulled the slide back, chambered a round, and fired a bullet out to sea over Wentworth's head. As Wentworth ran away, Adam went into the house, called 911, and waited for the police to arrive.
The police arrested Adam. On July 14, 1998, Plaintiff-Appellee State of Hawaii (the State) charged Adam with Count I, Assault in the Second Degree, HRS § 707-711(1)(d) (1993), Count II, Terroristic Threatening in the First Degree, HRS §§ 707-715(1) and 707-716(1)(d) (1993), Count III, Reckless Endangering in the Second Degree, HRS § 707-714(1) (1993), and Count IV, Promoting a Detrimental Drug in the Second Degree, HRS § 712-1248(1)(c) (1993).
On May 3, 1999, the court entered its Order Granting [Adam's] Motion to Sever Trial of Counts I Through III From Trial of Count IV.
At the March 1, 2000 hearing, the court concluded that the gun was not discharged in the direction of any residences and granted Adam's Motion for Judgment Notwithstanding the Verdict as to Count III.
Count I charged that Adam "intentionally or knowingly caused bodily injury to another, John Wentworth, with a dangerous instrument, a rock, thereby committing the offense of Assault in the Second Degree." Adam's primary defense was that it did not happen.
Count II charged that "Adam, with the intent to terrorize or in reckless disregard of the risk of terrorizing another person, did threaten by word or conduct with the use of a dangerous instrument, a gun, to cause bodily injury to another and/or to commit a felony, thereby committing the offense of Terroristic Threatening in the First Degree." Adam's defense was justification.
On March 6, 2000, the jury found Adam guilty of Counts I and II.
The court sentenced Adam to probation for five years upon the condition that he be incarcerated for one year for Count I, and 240 days for Count II. The court further ordered that " ou shall serve not less than 73 days per year and shall provide a schedule to your probation officer before returning to New Hampshire. If you do not serve 73 days per year, you shall serve straight time."
DISCUSSION
A.
Motion in Limine II
In Defendant's February 17, 2000 Motion in Limine II Re: Propensity for Violence or Aggression of Victim, filed on February 17, 2000, Adam sought permission to present "evidence of the propensity for violence and aggressiveness of the purported victim in this case, pursuant to H.R.E. Rule 404" to prove "that the alleged victim was the aggressor in the confrontation that gave rise to this indictment[.]" We affirm the trial court's denial of this motion.
The circuit court did not allow Adam to introduce the following evidence of Wentworth's criminal history:
1. Charge for abuse of a family or household member on November 22, 1999.
2. Conviction for abuse of a family or household member on November 9, 1999.
3. Conviction for abuse of a family or household member on March 1, 1995.
4. Conviction for abuse of a family or household member on February 10, 1994.
5. Conviction for Harassment on September 10, 1994.
6. Arrest for criminal property damage on March 18, 1988.
7. Multiple convictions for driving under the influence of intoxicating liquor.
Adam advised the court that he intended to rely upon the defense that he used force in self-protection, H.R.S. § 703-304; that he used force for the protection of his small daughter, H.R.S. § 703-305; and that he used force for the protection of his property, H.R.S. § 703-306. In furtherance of those defenses, in
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