LIHU‘E — The defendant in the three-year-old terroristic threatening case involving the co-creator of “South Park” changed his plea Tuesday, just a week before his trial was to start in 5th Circuit Court.
Joseph Genaro Bonachita, 45, of Hanapepe, pleaded no contest on two reduced misdemeanor charges of first-degree criminal trespass, and second-degree terroristic threat. He also pleaded no contest to a felony charge of unlawful place to keep a firearm.
Judge Kathleen Watanabe took the June 3 trial date off calendar and scheduled sentencing for Aug. 28. The remaining charges of first-degree terroristic threat, two counts of illegal weapons, and first-degree burglary are to be dismissed, according to the plea deal.
Bonachita refused a plea offer from the prosecuting attorney on Dec. 19, 2012. His case ran into trouble at a May 22 hearing when the court ruled against his motion that the police did not have probable cause to search his pickup truck following his arrest on July 1, 2009 at the Koloa Chevron Service Station.
Defense attorney Michael Soong said the knife allegedly used in the crime was never found, and that knives found in Bonachita’s truck did not match the description.
A rifle and ammunition discovered in the truck, along with photos of the former girlfriend and victim in the case were not relevant to the complaint, he said.
The arrest came about two hours after witnesses said Bonachita appeared with a knife at the bedroom door of Randolph Trey Parker’s Wailua home. Parker was reportedly with a former girlfriend of Bonachita, and the report said she shouted at him until he left the home.
Parker, co-creator of the animated television series “South Park,” had owned the house for over 10 years and said in the report that he lived on-island part time. The woman friend was living with him for around four months prior to the incident.
At the May 22 hearing, County Deputy Prosecuting Attorney Lisa Arin said the state would not require Parker to appear at the Wednesday hearing. Parker was also a defense witness and Arin said if Bonachita wanted him present that the defense would have to pay for transporting him to Kauai.
Mark Zenger, who represents Parker as a witness attorney, was not part of the change of plea proceeding on Tuesday.
Parker was to appear to testify on a second-defense motion to suppress evidence. He and the other victim identified Bonachita during an initial police interview and from a photo lineup.
Soong’s motion claims the photo lineup identification is legally flawed. It was sent to Parker via email nearly two months after the alleged offense, and several hours passed before the positive identification was made via email.
The hearing for the motion was also taken off calendar with the trial date.
