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Criminal Law keyed to Dripps
State v. Realina
Facts
MarcelinoRealina (Defendant) was having an affair with the wife of Steve Hardisty. On a couple of occasions, Hardisty telephoned Defendant and threatened to kill him if he did not stop seeing his wife. Shortly thereafter, Hardisty and his wife separated in contemplation of divorce. One evening, Hardisty saw Defendant driving and got upset because he believed Defendant was going to see his estranged wife. Defendant saw Hardisty and drove into a police station parking lot and both men parked their cars. Hardisty got out of his car and began verbally threatening Defendant who sat silent in his vehicle. After a while, Defendant started his car’s engine and prepared to drive away. To prevent him from leaving, Hardisty reached into Defendant’s car and grabbed his shirt. Defendant turned off the engine and Hardisty let Defendant go. Defendant found a cane knife and got out of the car with it and chased Hardisty into the police station. Once inside, Hardisty told a police officer that a man was trying to kill him. The officer saw Defendant running toward the station, with the cane knife held in an upward position. The officer ordered Defendant to immediately drop the knife and Defendant complied. Defendant was charged with terroristic threatening in violation of HRS § 707-715(a) and was convicted and sentenced to thirty-days confinement. Defendant appealed.
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