Man accused of threatening Tantalus motorists with gun found not guilty

By Minna Sugimoto - bio | email

HONOLULU (HawaiiNewsNow) - A man who was shot by an off-duty FBI agent last year after he allegedly pointed a gun at motorists on Tantalus Drive was acquitted on three counts of terroristic threatening by reason of insanity Monday.

Circuit Judge Richard Pollack ruled that Martin Boegel, 27, should not be held criminally responsible for his actions on May 9, 2010. The judge, however, ordered him to be committed to the Hawaii State Hospital because he poses a risk of danger to himself and the community.

Witnesses reported seeing Boegel pouring gas from a gas can near a lookout on Tantalus Drive, and then pointing a gun at motorists and himself. An FBI agent who happened to be in the area on his day off opened fire when the suspect allegedly turned the gun, which turned out to be an airsoft pistol, towards him.

Boegel recovered from multiple gunshot wounds and has been locked up at the Oahu Community Correctional Center.

A court-appointed panel of mental health experts examined the defendant and determined that he was mentally impaired at the time of the offense and could not distinguish between right and wrong.

Boegel is expected to be transferred from OCCC to the mental health facility in Kaneohe within 48 hours.

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