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HILO » A man accused of firing a rifle into a Big Island neighborhood will not have to go to trial on Monday as scheduled, because the police lost key evidence.

Gregory Chris Driessen, 40, pleaded guilty to one count of being a felon in possession of a firearm, which carries a maximum penalty of 10 years in prison. In exchange, prosecutors dropped all the other charges, including reckless endangering and several weapon offenses.

Deputy Prosecutor Ricky Damerville said the state agreed to the plea bargain because police were unable to locate 17 spent cartridges that officers recovered at the scene as evidence.

Police also had trouble finding photographic evidence and gunshot residue kits, according to court documents.

"It happens sometimes," he said. "They're dealing with a lot of materials. Sometimes things get lost, and when they do, it's kind of held against the state. And that's probably the way it should be."

Driessen was indicted by a grand jury in December.

He was accused of firing a rifle in a Hawaiian Ocean View Estates neighborhood in November.

At a court hearing June 24 before Circuit Judge Glenn Hara, Damerville said the state would make a "good-faith effort" to find the evidence and turn it over to Driessen's attorney, Kay Iopa.

Driessen is scheduled to be sentenced Sept. 20.



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