Honolulu prosecutor: "Suspect’s conviction should not have been dismissed"

The suspect’s criminal history involves a firearms offense wiped from his record, and an early discharge from a no contest plea.

The prosecutor’s office says Stangel’s record shows escalation toward more and more severe trouble, and that drugs and guns are a growing problem on the streets of Honolulu.

In November 2003 Toby Stangel was arrested for carrying a firearm without a license.

He entered a no contest plea and a motion to defer.

The judge granted that motion for a five year deferral subject to specific conditions — which included not possessing or using any alcohol or drugs, but

"It got worse. It still didn’t escalate to a felony, but you could see the escalation and it was getting worse, property crimes, and you see the substance abuse," says Keith Kaneshiro, Honolulu Prosecutor.

Within a year and a half Stangel was arrested for operating a vehicle under the influence of an intoxicant.

Less than a year after that he was arrested for another misdemeanor — criminal property damage in the third degree, found guilty and sentenced to a year probation.

Yet in August 2007 — just three years into the five year deferral of the no contest plea on the firearms offense, Stangel’s attorney made a motion for early discharge — the prosecutor’s office objected, but the judge granted it, and dismissed the firearms charge.
Stangel had not been under any court supervision since 2007.

"I’m not surprised, because they treated it lightly, and it should not be treated lightly," says Kaneshiro.

"If he’s committing a crime now you don’t know when he will commit the most serious offense that will eventually jeopardize people’s lives," says Kaneshiro.

People’s lives have been put in jeopardy in other random and brazen gun crimes this year, including an East Oahu carjacking spree. Kaneshiro says it appears to be an escalation of drug related firearms crime.

Not only shooting at normal citizens, for no reason at all, but also shooting at law enforcement, at anybody. It’s like the wild west out there. you can’t have a wild west show out there," says Kaneshiro.

The prosecutor says his office is working closely with the police department to execute search warrants looking for contraband firearms and drugs.

See the original article at: KHON2 Local News

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