HI: Firearms case gets hunter jail term
April 11, 2010
Firearms case gets hunter jail term
WAILUKU - Although an attorney said his client was only trying to provide
food for his family, a 52-year-old Makawao man who is already a convicted
felon was sentenced Thursday to 18 months in jail and five years' probation
for illegally possessing firearms and ammunition while hunting deer at night
three years ago.
John Allencastre was also ordered by 2nd Circuit Judge Joseph Cardoza to
not hunt from 5 p.m. to 7 a.m. while on probation. Cardoza told Allencastre
to only fish or hunt legally between 7 a.m. and 5 p.m. during his probation
Cardoza also warned Allencastre that since he is a felon he cannot own or
possess any firearms or ammunition for the rest of his life. Allencastre was
sentenced for lesser charges in the case. All will be served concurrently.
"I understand I was careless by hunting nighttime, and the guns were in
view of the cops," Allencastre said.
He apologized and added that he didn't understand that what he did was
wrong until he was in jail.
Deputy Prosecutor Melinda Mendes asked Cardoza to impose the 18 months in
jail with probation, saying that in 1977 Allencastre beat someone with a
baseball bat and was charged with first-degree assault, first-degree
burglary and first-degree theft.
As a convicted felon, Allencastre knew he wasn't supposed to possess any
firearms or ammunition, she said.
Mendes added there are many other ways Allencastre could have legally
hunted besides using guns.
Defense attorney Jon Apo asked the court to not impose more jail time for
Allencastre, who already has spent a significant amount of time in jail.
"He's asking for a new opportunity to essentially start a new life," Apo
said. Apo said that at the time of the offense, Allencastre, a mason,
couldn't find work and was trying to provide for his family as well as teach
one of his sons to be self-sufficient by hunting.
Allencastre also was resentenced Thursday to a five-year probation term
for a 2008 drug case. He will serve the term concurrently with jail time
ordered for his firearms conviction.
Allencastre pleaded no contest to a variety of firearms and ammunition
The charges stem from an incident on March 7, 2009, when Allencastre was
stopped by Department of Land and Natural Resources officers along Piilani
Highway in the Kaupo area, court records show.
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