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Jervis gets probation in Lanikai car chase


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POSTED: Wednesday, April 08, 2009

Gerard Jervis said he's sorry for what he did after some teenage boys threw eggs at his Lanikai home last year.


;[Preview]    Jerry Jervis Receives Sentence
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Former Bishop Estate Trustee Gerard Jervis was sentenced in court for driving after a group of teenagers who had egged his home.

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The former Bishop Estate trustee got into his car and chased after the boys, hitting their sport utility vehicle from behind and forcing the front of it up the guy wire of a utility pole.

“;In retrospect, I wish I didn't do it. I am sorry. I was very angry. I had an 8-year-old daughter in that house and my wife,”; Jervis said after his sentencing yesterday.

Not only was he angry, he was drunk. His blood alcohol content was 0.1, higher than the 0.08 threshold for driving drunk.

Circuit Judge Randal Lee sentenced Jervis yesterday to six months' probation and ordered him to perform 100 hours community service and pay $500 in fines. As part of the probation, Lee ordered Jervis, 60, to spend 48 hours in jail, but credited him with the two days he spent in police custody following his March 7, 2008, arrest.

Half of the fine is for driving drunk, a traffic violation, and the other half is for reckless driving, a petty misdemeanor. The probation is for harassment, another petty misdemeanor, for verbally abusing a neighbor who prevented Jervis from going after the boys after the collision.

Deputy Prosecutor Darrell Wong had asked Lee to sentence Jervis to up to 30 days in jail and fine him $3,000 to send a message that even though what the boys did was wrong, it is not right to take matters into your own hands.

“;Two wrongs don't make it right,”; Wong said.

An Oahu grand jury charged Jervis last year with felony terroristic threatening, instead of reckless driving, and felony criminal property damage.

The state dropped the criminal property damage charge and reduced the threatening charge to reckless driving in a plea deal. Wong said the state's accident reconstruction expert determined that the collision between Jervis's car and the boys' SUV was not intentional.

Jervis' lawyer, Victor Bakke, said Jervis reacted to a gang of teenagers who were drunk, who attacked his family and property and had been terrorizing the neighborhood. He said the state rushed to judgment in charging Jervis with the two felonies.

Wong said the state charged Jervis based on what it knew at the time. He said witnesses and even Jervis' own statements to police painted him as the aggressor. He said the state had to choose whether to charge the boys or Jervis and chose Jervis because his actions appeared to be the more serious.

A lawyer for one of the boys said the four boys, then students of Saint Louis School, refused to testify against Jervis. And Wong said Jervis would have to identify which of the boys threw the eggs at his home to charge any of them with criminal property damage.

Jervis says he is a willing witness and there is no reason the state cannot charge the boys. He said he paid more than $1,000 to repaint the front of his house.

Wong said none of them has been charged so far.

Jervis already had his driver's license suspended for 90 days and has undergone an alcohol abuse assessment, for which no treatment was recommended, Bakke said. He said Jervis also underwent anger management training.

Up until the confrontation with the teenagers, Jervis said his home had been hit with eggs more than 30 times. There was one more egg attack afterward. Jervis said he called police, who showed up and laughed.