Fragiao, 54, could be sentenced to a year in jail and fined up to $2,000. He said "no doubt" he would appeal.
Judge Riki May Amano yesterday set sentencing for Feb. 4.
During his trial last week, Fragiao said he and Tracy Otani, 30, had been adversaries since 1989. That was the year in which Fragiao ended a one-year affair with Darnell Silva, a policewoman at the time. Silva was married to Otani but separated from him during the affair.
On Sept. 21, 1994, Otani drove past Fragiao and spoke an obscenity, Fragiao said. Otani often harassed him in the past, he said.
"You can only take so much of that from other people," he said.
When Otani drove by again, caught in a slow-moving line of traffic, Fragiao ordered him to stop.
Fragiao testified he told Otani he was being arrested for harassment, warned of the pepper spray, then used it on him when Otani resisted.
The state Department of Health now will regulate statewide construction and industry noise and noise from other stationary sources. Counties will develop regulations to control nuisance-type noise, from animals, vehicles, yard maintenance, sound amplification and other sources.
The Health Department will provide research training, and establish testing methods.
"Noise is an increasing nuisance on the neighbor islands," said Bruce Anderson, state deputy director for environmental health. "New regulations are necessary because of the increasing population and development activities on the neighbor islands and the noise problems such activities invariably bring."
"The wind is no problem as long as it's not wet," said Kenneth Nakamura, vice president of Site Engineering, of plans to complete a resurfacing project at the school.
The project, which was supposed to be completed over the summer, was delayed when the state decided to put in an asphalt overlay to prevent cracking. The school's cornerstone was covered in the process and needed to be lifted up, causing another delay.
Rainy weather forced further delays but a resurfacing crew is ready to work on the final phase if the weather cooperates.
Nakamura said it will take a few days to dry the court and do the resurfacing before lines can be painted.
If all goes well, the court could be usable before Christmas vacation begins next Friday.
Officer Kip B. Akana, 27, a patrolman reportedly assigned to the Central Honolulu district, was automatically charged with the misdemeanor offense.
He was released at 4:15 a.m. yesterday after posting $350 bail. He is scheduled to appear in Family Court Monday.
Details of the incident were not available.
The 32-year-old man was booked for investigation of terroristic threatening and second-degree assault and released pending further investigation.
He allegedly confronted the female employee in the parking lot of the Honolulu Airport's post office about her breaking off their relationship and threatened her with a butterfly knife, police said. She sustained a small cut to her chin.
He allegedly apologized and left the scene. She reported the incident to her employer and police were called.
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