A 59-year-old Puna man who punched out two of his longtime live-in girlfriend’s teeth and threw a machete at a police officer in what a prosecutor described as a “suicide by cop” attempt almost a year ago was sentenced Friday
A 59-year-old Puna man who punched out two of his longtime live-in girlfriend’s teeth and threw a machete at a police officer in what a prosecutor described as a “suicide by cop” attempt almost a year ago was sentenced Friday to five years in prison.
Joseph Feliciano originally was charged with attempted first-degree murder for throwing the machete at Officer Brian Markham on Dec. 19, 2013, plus first-degree assault and domestic abuse for punching his partner of 26 years, 49-year-old Barbara Mateo, the day before, as well as numerous other offenses.
In a deal with prosecutors, Feliciano — who is not the Big Island police officer of the same name — pleaded guilty Friday to second-degree assault for the attack on Mateo, first-degree terroristic threatening and attempted first-degree assault on a law enforcement officer.
Deputy Prosecutor Kim Angay argued for two consecutive five-year prison terms for a 10-year sentence.
“These two incidents are separate incidents with separate victims. … We feel a consecutive sentence is appropriate,” Angay told Hilo Circuit Judge Greg Nakamura. “In the case of the officers, they were merely trying to arrest him for abuse on his live-in girlfriend. … He raised two machetes over his head in a threatening manner. … He ended up throwing one of the machetes at an officer’s head, and he had to duck, narrowly missing getting his head cut by the machete.”
Feliciano’s attorney, Deputy Public Defender Michael Ebesugawa, argued sentences for all charges run concurrently, saying the dispute between Feliciano and Mateo occurred “because both had been drinking.” He said Mateo told police in the 26 years she was with Feliciano “he has never struck her before.”
“She indicates also, in this incident, she struck Mr. Feliciano numerous times as they engaged in a physical confrontation,” Ebesugawa said. “… He says that … he waved his arms and recklessly hit Ms. Mateo in the mouth, but Ms. Mateo disagrees and says she was punched. The effect was that two teeth were knocked out.”
Ebesugawa said Feliciano had left the house by the time police arrived Dec. 18, 2013.
“The next day, witnesses would submit that he was drinking heavily,” Ebesugawa said. “He had drunk, by his own assessment, about two bottles of Patron (tequila). … Evidence would show that before he went home, he was beaten at J. Hara Store (in Kurtistown) by unknown assailants.”
Ebesugawa said when officers returned to the Aulii Street home on Dec. 19, 2013, Feliciano “was in the process of getting his things. … What happened next was a standoff.”
The defense lawyer said Markham had drawn his Taser and Officer Kelsey Kobayashi had drawn his service sidearm in an attempt to coax Feliciano into dropping the machete.
“Videotape taken by the Taser shows Mr. Feliciano had been struck with the Taser first before releasing the machete,” Ebesugawa said. “Therefore, we do not know if the releasing of the machete was as a result of being tased or a deliberate act by Mr. Feliciano.”
In a court hearing Dec. 23, 2013, Deputy Prosecutor Rick Damerville said Feliciano “was, according to his son, in a mental state of trying to induce suicide by cop.”
Feliciano told the judge that prior to the incident, he was diagnosed with hepatitis C and cirrhosis of the liver and he was depressed by the news.
“I had no intentions of hurting anybody; I was just under the influence of alcohol,” he said. “… I know I’m going to prison. I just pray to God I get out alive because the doctor went tell me I have a short time left to live. … I just want to do my time so I can get out and spend the rest of my life with my family.”
Email John Burnett at jburnett@hawaiitribune-herald.com.
