A Puhi man accused of family abuse, being a felon in possession of a weapon and other weapons charges, is the first person in the state to draw the wrath of federal prosecutors vowing to get tough on people who use or possess guns in commission of crimes.
The alleged perpetrator, Michael Baptista, whose next scheduled appearance in U.S. District Court in Honolulu is Tuesday, June 4, remains in federal detention on O’ahu, facing not only prosecution in federal court but a lengthy prison term if convicted.
The federal charges are being a felon in possession of firearms and ammunition, and the maximum possible sentence on those charges is 10 years in prison and a fine of $250,000, said Ron Johnson of the U.S. Attorney’s office in Honolulu.
Johnson will argue the nation’s case, and said the family abuse charge may be tried later on Kaua’i.
Baptista was arraigned in late February, and ordered detained on March 12.
A repeat offender, Baptista’s “latest violation is such that he is looking at substantial jail time away from Kaua’i,” said Police Chief George Freitas, Jr. of the Kauai Police Department.
The case was handed off by Kaua’i county prosecutors to federal prosecutors under a new statewide program to reduce firearm offenses through vigorous prosecution.
The statewide Project Safe Neighborhoods program stresses that a safe neighborhood begins in the home, and in addition to going after gun crime, it will target violent, repeat offenders, and those involved with drug trafficking, said U.S. Attorney Ed Kubo, program point man.
“Through this partnership (of county, state and federal law enforcement), it will be our goal to aggressively remove more firearm and drug offenders from our neighborhoods, making these areas safe for families,” said Kubo.
The program further stresses a get-tougher, zero-tolerance policy regarding any form of illegal firearm possession or use, with special attention given to areas around the state considered centers of tourism.
Stiff federal penalties can call for up to 10 years in prison for someone caught with a weapon if he or she has a restraining order against him or her.
Freitas embraces the new program, seeing the partnerships involving sharing of experiences in evidence, information and intelligence collection, enforcement, and other areas of law enforcement.
“Here in Hawai’i, we’ve always had good interplay and cooperation with federal agencies, but it has intensified in a positive sort of way,” Freitas said.
For instance, federal Drug Enforcement Administration officials have been calling Freitas to try to arrange additional training for KPD vice officers, he said. Federal prosecutors will also take a case involving an O’ahu man accused of luring via the Internet a young Kaua’i girl into a sexual encounter at a Kaua’i hotel, Freitas continued.
County Prosecuting Attorney Mike Soong also sees the program as only positive, with stiffer federal mandatory sentences meaning offenders convicted under the program will have long periods of time away from Kaua’i, where they can’t do harm to Kauaians.
While the program won’t necessarily lighten loads for Kaua’i prosecutors, the bottom line is that it will get people convicted of crimes involving firearms out of the community for a long time, Soong said.
Prosecutors and police are excited about the program also because local sentencing doesn’t always seem to reflect the seriousness of the crime, but in federal court the mandatory sentences are heavier, Soong added.
Statistics show one of every 10 violent crimes in Hawai’i involves a firearm, with 260 committed in 2000 alone, compared to a total of 350 gun crimes between 1993 and 1998.
On Kaua’i in 2000, there were two robberies and five aggravated assault cases involving firearm usage, six aggravated assault cases in 2001, and three aggravated assault cases so far this year, involving firearm usage, according to Kauai Police Department statistics.
Since 1995, Kauaians have registered with KPD an average of 1,300 guns a year, for a total of over 9,500 through the middle of this month. That is nothing compared to the one million guns registered on O’ahu.
Gun crime is especially deadly for teenagers, who nationally are more likely to die from gunshot wounds than by all other causes combined.
“Every crime affects not only victims and their families, but our communities, including our homes, businesses, even our schools,” Kubo said.
Nationally, over half of all young people ages six to 12 surveyed said they could get their hands on guns if they needed to.
The partnership, announced earlier this month, should yield more joint investigations and collaborative prosecutions, Kubo said. Someone in Soong’s office will be designated a special assistant U.S. attorney, assigned to seek out and aggressively prosecute chronic repeat offenders in federal court.
Federal funds will come with the additional duties.
Pres. George W. Bush has committed $533 million nationally to reduce gun violence over the next two years, making it his top criminal justice priority. The funds will be used to hire new prosecutors, support investigators, provide training, and promote community outreach efforts.
Staff Writer Paul C. Curtis can be reached at mailto:pcurtis@pulitzer.net or 245-3681 (ext. 224).
