Jervis’ DUI OK, his lawyer says

Former Bishop Estate trustee Gerard Jervis was justified in driving while drunk near his home in Lanikai last month to prevent a greater offense, his lawyer Paul Cunney said yesterday.

"And the greater offense was to protect his family from an assault and criminal property damage," he said.

Cunney made the comment outside Circuit Court after Jervis pleaded not guilty yesterday to first-degree criminal property damage, first-degree terroristic threatening, harassment and operating a vehicle while under the influence of alcohol.

The charges stem from a March 7 incident in which Jervis chased a sport utility vehicle carrying four Saint Louis School students who allegedly threw eggs at his house. Circuit Judge Derrick Chan scheduled trial for June 9. Jervis remains free on $40,000 bail.

Police said Jervis' blood-alcohol content measured 0.10 percent following the incident. It is unlawful for a person who has a blood-alcohol content of 0.08 percent or higher to operate a vehicle.

The criminal property damage and terroristic threatening charges stem from Jervis allegedly ramming his car into the back of the SUV, which ran up a utility pole guy line and came to rest nearly vertical.

"He had no intention to strike that vehicle. This vehicle lost control on its own," Cunney said.

Cunney, who lives in Lanikai, said the turn where the SUV went off the road is difficult to navigate even at 10 mph.

The harassment charge stems from Jervis allegedly cursing at a woman who joined residents and witnesses at the crash scene. Cunney said nowhere in her written statement to police does the woman mention a confrontation with Jervis.

The lawyer for three of the boys has said police told the boys' families that they will not face harassment charges for the egg-throwing.

"It's rather odd that the aggressors in this case, the people who started it, are not being charged at all. I think this case has been biased from the beginning," Cunney said.

Police arrested the SUV driver on suspicion of driving under the influence of alcohol and could still charge him. The boys' lawyer also said one of them was arrested later for allegedly soliciting a female undercover police officer in a prostitution sting.